HomeMy WebLinkAbout0378.091,
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July 18, 1.991
HONORABLE CITY COUNCIL
palo Alto, California
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AWARP Of CONSULTANT CONTRACT FOR PREPARATION OF A SAND HILL ROAD
ENVIRONMENTAl, IMPAC1 REPORT
Members of the Council:
REpoRT IN BRIEF
The purpose of this staff report is to recommend that the cou~cil:
(1) Authorize the Mayor to execute an agreement (Attachment 1) with
EIP Associates for the preparation of an Environmental Impact
Report (ErRJ for the Sand Hill Road project,. in the amount of
$299,777, and (2) authorize staff to execute change orders to the
agreement up to an amount of $30,000.
BACKGROUND
On November 19, ~990, Council discussed the award of a consultant
contract for the preparation of the Sand Eill Road EIR (CMR:S6i:O,
November 15, 1990) and took action to: (1) approve the selection of
EIP Associates for the study,. (2) authorize the Mayor to ~Kccute an
agreement with ElP Associates in the amount of $275,000, and (3)
authorize staff to make change orders up to an amount of $27,500.
Council also stipulated a condition that the subject agreement with
EIP for the preparation of an environmental impact report not be
signed until such time that an existing, separate agreement (Sand
Hill Co~idor ~tudy ~greement) between Stanford University and the
City of Palo Alto ~as modified to include a provision that would
protect the City in the event of a lavsuit.
On June 10, 1991, Council considered and approved an amend~ent to
the sand Hill Corridor Study Agreement (between Stanford and Palo
Alto) with the further stipulation that the agreement clarify that
the Sand Hill corridor Joint Policy COI!'Jnittee. (JPC) has been
disbanded. Appropriate changes have been incorporated into
Amendment No. 1 to the Sand Hill Corridor Study Agreement
{CMR:~77~91J which the Council is scheduled to consider and act
upon as Item No. 20 on the same agenda as this particular item.
CMR: 378:91
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CHANGES TO AGReEME~J FOR PREPARATION QF~
Staff has recently had discussions with the consultant selected for
L~is study (EIP Associates) regarding the current interest and
availability of the prime consultant and the sub-consultants
comprisinq the project team as well as any necessary chanqes to the
November 1990 agreement. From these discussions, it ilS evident
that the consultant firms comprising the project team are available
~nd reAdy to proceed with the studya However, due to t~e passage
of time, the following changes to the agreement for the preparation
Of the EIR a~e necessary:
a~ agreement. Pa~:
The date of the agreement has been updated from 1990 to 1991.
b. Agreement~e 3. Section 6.1, Cons91tant's~:
Tbe fee has been increased from $275,360 to $299,777 ,+ $24,417). Part of the increase is due to additional traffic
counts that ~ill be made and the ~emainder of the increase is
due to higher rates for the consultant staff.
c. Exhibit A, Scope of Services, page 2~l::task 1,1:
The fol~owing: text has ~en added at the end of the third
paraqraph -The consultant team will conduct new 24-hour
directional traffic volume counts at eiqht locations to
supplement data provided by the City.-These counts will be
used to help asseSEi any gen..aral changes in traffic volumes
since the time that previous traffic counts vera made.
d. Exhibit B, Project Budget. Page 1 and 2:
The entire hudget has been revised as appropriate to reflect
hiqher rates for consultant staff as well as the cost of the
added traffic counts. The total budget has increased by
$24,417 from $275,360 to $299,777.
e. Exhibit C, Compensation Schedu~:
The exhibit has been modified to reflect current billinq rates.
f~ Exhibit p, Project Schedul~:
The schedule has been modified to reflect
being able to make the added traffic
appropriate time in the fall. The overall
e~ended from eleven to t~elve months.
CMR,378,91
the effect of not
counts until an
schedule has been
7/18/9l
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These change.s have been incorporated into the agreement {Attachment
I} that is now before the Council.
PECOKMENPATION'
St~tt recommends that Council:
1. Authorize the Mayor to execute the a~tached aqreament
(Attachment 1J with EIP Associates for the preparation of an
Environmental Impact Report for the Sand Hill Road project,
in the amount of $299,777, and
2. Authorize sta.ft to execute change orders to the aqreement up
to an amount o.f $30,000.
HARVIN L. OVERWAY KENNETH R. S~~~IBER
Director of Planning and
COIDmunity Environment
Chief Transportation Official
Assistant city Manager
Attachments: 1. Pro.fessional consultant Services Aqreement
Related Staff Reports:
a. CKR:56S:9, ·Sand Hill Corridor Study cooperative
Agreement and Request for Proposal for EIR
Preparation-, dated November 30, 19a9.
b. CMR:1SJ:O, "Consultant selection Recommendation
for Sand Hill Road Environmental Document,·
dated February 8, 1990.
c~ CMR:266:0, ·Status of Sand Hill Road
Environmental StudyB, date~ April 19, 1990.
d. CMR:567:0, -Award of Co~sultant Contract for
preparation of a Sand Hill Road Environmental
Impact Report-, dated November 15, 1990.
oc: City of Menlo Park
Stanford University (Suzanne Schaffer, Robert Freelen, Andy
Doty, Julia Fremon, Michael McKnight, Lee Thompson)
Sand aill corridor Distribution List
CKR:378:91 7/18/91
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~ R E E MEN T
BETWEEN THE CITY OF PALe ALTO
AND ElF ASSOCIATES FOR
ATTACHMENT 1
PREPARATroN OF AN ENVIRONMENTAL IMPACT REPORT
THIS AGREEMENT is made ~nd entered i~to this ~ay of
I 1991, by and between the CIT¥ OF PALO ALTO, ~nicipal
~c7orp~7or~ation of California, hereinafter referred to as RCITY,· and
EIP ASSOCIATES, a California corporation (Taxpayer Identification
No~ 941710558), yith offices at 150 Spear Street, suite 1500, San
Francisco, CA 94l0S, hereinafter refe~red to as "CONSULTANT~:
, J T NBS S E~:
WHEREAS, CITY desires certain professional services
hereinafter described; and
WHERF.AS, CITY des ires to enga ge CONSULTANT to prov ide
these services by reason of its qualifications and experience for
perfo.!'lilinq such services, and CONSULTANT t,as offered to provide the
required services on the terms and in the manner set forth herein:
NOW r THEREFORE r in consideration of their ~utu~l
covenants, the parties hereto agree as follows!
SECTION 1 -PEFINITIONS
1.1 CITY MANAGER
The term -City Manager ll shall mean the duly appointed
City M~nager of the city of Palo Alter California, or his
designated representative.
1. 2 CITY CLERK
The term "City Clerk-shall mean the duly appointed City
Clerk of the city of Palo Alto, Califcrnia, or her designated
representative.
The term -Risk M~nager-shall mean the duly appointed
Risk Manaqer of the city o~ Palo Alto J California, or his
deSignated representativ~.
L • fllOJECT
The term -Project-means the preparation of an environ
mental impact report for improvements to Sand Hill Road.
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~N 2 -PROJECT COORDINATION
2.1 l:l1:X
The City Manager shall be representative of CIT¥ for all
purposes under this Aqreement. Marvin OVerway is designated as the
PR~ECT MANAGER for the City Manager, and he shall supervise the
progress and execution of this Agreement.
2 • 2 CONSUIJTANT
CONSULTANT shall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and exec .... tion of this
Aqreement for CONSULT~~. Russell Faure-Brae hereby is designated
as the. PROJECT DIRECTOR fo:= CONSULTA..'l,fT~ Joan Kugler shall be
assigned as PROJECT COORDINATOR for CONSULTANT and shall represent
CONS'(1L'I'ANT during the day-to-day work on the Project. Should
circumstances or conditions subsequent to the execution of this
Agreement. require a sUbstitute PROJECT DIRECTOR or PRO,JECT
COORDINATOR for any reason the PROJECT DIRECTOR or PROJECT
COORDINATOR designee shall be subject to the prior written approval
of the PROJECT MANAGER.
§JlCTION 3 -SQQPE OF PRO}E~
The scope of th.e. project to be executed by CONSULTAN'r is
descrihed in Exhibit "A-, entitled ·Sand Hill Road Scope of
Services-, attached hereto and made a part hereof.
'.1 BASIC SERVICES
Unles.s otherwise indicated I CONSUL'I'ANT shall perform
those services described in Exhibit -A'.
4.2 ADDITIONAL SERVICES
CONSULTANT shall perform or obtain any ar,d all of the
following additional services, not included under Basic Services,
if so authorized in writing by CITY, and shall be paid as provided
in Section 6 of this Agreement:
4~2~1 providing services as an expe:t .... itness in
connection with any public hearing, arbitration proceeding, or
proceeding o~ a court of record.
4. 2.2
CONSULTANT and his
service-s.
Incurring travel and subsistence expenses for
staff beyond those normally required under Basic
4.2.3 performing any ot"her sen'ices that may be
agreed 'Upon by the parties subsequent to the execution of this
Agreement.
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4.3.1 CONSULTANT represents that it is experienced in
the pr6paration of environmenta: impact reports a~d is qualified to
fur:lish the ser.,ices described under this Agreement. CONSULTANT
furthe.r declares that emplol'ees of its finn c.r:d th-:.se of its
suDconsultants, if any, are likei,olise q\..lalified to perform their
services and that these services will be performed by them or under
their supervision. CONSULT~~T s~al1 furnish to CITY for approval,
prior to execution of this Agree~ent; a list of all finns or
corporations to be employed as subconsultant5~
4.3.2: CONSULTJ>.N'l' shall furnish Cl'I'" ... it.h every
reasonable opportu ... i ty for crTi' to ascertain that the services of
CONSULTANT are beit'ig performed in acco .. d.an~e \tiith th~ requirements
and intentions of this Agreement.
SECTION 5 -~JTIES OF CITY
5~1 CITY shall provide full i:1forrnation regarding its
requirements for the Project, as w"ell as copies of all relevant
stUdies, data and other information ~hich is in City's pos5essiona
5a2 CITY shall ex~rnir.e documents submitted by CONSULTANT and
shall render decisions pertaining thereto promptly, to c:void
unreasonable dela~ in the progress cf CONSDLT.A.NTls work; provided,
however, all written 'Work subrhitted by CONSUL·!'A..~T for review by
CITY shall have been edited for gr3!1lnatical and typographical
correctness as well as for substance.
5.3 CITY shall furnish info~ation required by CONSULTANT as
expeditiously as possible.
S ECT.10N _ 6 -PA YlolENT
payment shall be made by CITl only for services rendered
vithin 30 days after submission in t~iplicdte of monthly progress
payment requests. Each monthly progress -ya:'l1!1ent. request (in'/cice.)
shall be itemized as to the amOl.Jrit reguE:5ted for the .... ork completed
to date in each task area, the clJtilUlative arooli.nt. invoiced~ and the
balance remaining in each task area. Invoices shall be directed to
the attention of the PROJECT MANAGER.
Eo .. 1 CONSULTANT'S FEES.
In consideration for the full performance of the Basic
services and reimbursable expenses described in section ".1 of this
Agreement, CITY agrees to pay CONSC"LTANT a tee not to exceed Two
Hundred Ninety-nine Thousand Seven Hundred Seventy-seven Dollars
($299,777) for the project.
'Ihe amount of CONSULTANTts compensation shall be based on
percentage ~ompletion of each task described in Exhibit -an
entitled NSand Hill Road ErR Budget". attc~hed hereto. The Budget
is in'tended to express the general intent of the parties with
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respect to the allocation of tho ~ork and expense to each task. It
is expressly ackno~ledged that said proposed budget shall not have
any binding effect and that CONSULTANT shall provide the services
necessary to perform each task in accordance with the requirements
of the project and the Scope of Work. Nothing contained in Exhibit
·5~ shall be deemed to modify CO~SULTANT'S obligation to perform
all services specified herein for t~e total comp~nsation set forth
in this section.
6.1.1 ~bconsul tants. Fees for subconsul tants, hired
directly by CONSULTANT, shall be included in the amount set forth
in paragraph 5.1.
6.1. 2 .For Additi anal Services.
additional services, as described in Section 4
compensation shall be as prescribed in Exhibit
6 .. 2 PAYMENT SCHEDULE
For CONSUL-rANT' s
of this Agreement,
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5.2.1 For
services shall :be made
Exhibit -SN and Exhibit
Basi;: Service~. Payments for Basic
in progress paY1!lents in accordance with
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Final payment shall be :r:;ade by CIj"{ after COtlSULTAN'l' has
submi~ted all required documents and receive~ approval thereon.
6.2.2 For Additional services.. payments for
additional services of CONSuLTANT as defined in section 4 shall :be
made as part of the monthly progress payments f~r services
rendered.
6.2.3 PaYlM!nt Upon Suspensio~Qr Abandonment of
Project. If the Project is suspenced by CITY for ~ore than three
(3) months or abandoned in ~hole or in part by CITY, CONSULTANT
shall be paid its comper.sation for services performed prior to
receipt of written notice from CITY or such suspension or abandon
ment, together with additional and reirnbursabJe expenses then due.
If the Project is resumed after being suspended, CONSuLTANT shall
continue to be paid in accordance ~ith the fees for basic services
set forth in this Section 6; provided, however, if the suspension
contribute~ to the inability of CONSULTANT to provide the services
set forth in Section 6 for the "not to exceed~ amount set forth in
Paragraph 6.1, any change in CONSULTANT's compensation shall be
subject to renegotiation and, if necessary, approval by the Palo
Alto city Council. If this Agreement is suspended or terminated
for fault of CONSULTANT, CITY shall be obligated to compensate
CONSULTANT only for that portion of CONSULTANT/S services ~hich are
of benefit to CITY in prod'.Jcing an EIR that is adequate and in
compliance with the California Environmental Quality Act .
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SECTION 7 -PRQGRESS ANDn_COMPLETION
7.1 TIME IS or THE ESSENCE
It is understood and agreed that time is of the essence
of this Agreement, and. that, tol1o~in9 receipt of Notice t,o
Proceed, CONSULTANT shall commence work on initial tasks of study
in accordance with the time schedule set forth in F.xhibit "1)l1li.
work on subsequent tasks shall proceed in accordance with said time
schedule.
7.2 TIME OF CO,!PLETIO[>l OF EACHJ'HASE
CONSUl.TANT agrees to perform the phased seno'ices within
the tim~ limits set forth in Exhibit wOw provided. however, that
any change in the scope of services or other changes due to CITY's
requirements may require a revised time table.
7.3 ~xrs REY!EW AND ~PPROVAL
Between each phase. of loIork. there is a review and approval
period b}" CITY. The CITY ·,..ill exercise due diliqer.ce to complete
these tasKS ~ bo.-.,ever, it-is recogniz.~d that the interrelated
e~chanqe of information among CITY's various departments makes it
impossible to set a specific ti~e schedule~ Normally, the CI~Y's
estimated period ot review and approval will be furnished to
OONSUL~ANT at the time of sUbmission of each phase of ~ork.
J.4 EXTENSION Qf TIlfi: OF __ ~MPLtTION
In the event the services called for under this. Aqreement
ar~ f".rOt completed by CONSULTANT within the time specified, CITY
shall bave the option to extend the ti'me of completion. This para
grapb does not pre..:lude the recovery of damages for delay of either
party.
SECTION 8 -CHANGES IN W.QR..'<
CITY may order :major changes in scope or character of
work, either decreasing or increasing the a~ount of CONSULTANT's
services. In the event that such changes are ordered, CONSULTANT
shall be entitled to full compensation for all .... ork performed prior
to receipt of notice of change. Increased compensation for major
chanqes shall be determined in accordance with section 6 of the
Agreement, but in no event shall CITY be liable for payment unless
the amount of such extra comp~nsation shall first have been agreed
to in writinq by CITY.
In the event that major changes are ordered pursuant to
this section, the schedule for progress and completion in Section
7 of this Agreement and compensation sball be adjusted by negotia
tion between CONSULTANT and CITV , subject to approval, if neces
sary, by the Palo Alto city Council.
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SECTION 2 -TERMINAT~ OR SOSPE~SrON OF AGRE~
9.1 CANCELLATION By QQHSULTANT
CONSULTANT may terminate this Agreement or suspend work
on the Project upon thirty (30) days' ~ritten notice to CITY. but
only in the event of substantial failure of performance by CITY or
in the event CITY abandons or inoefinitp,ly postpones the Proj e-ct.
9.2 CANCELLATION BY CITX
Without limit"tion to such rights or remedies as CITY
shall otherwise have by law, CI~Y shall have the right to terminate
this Agreement or suspend work on the Project for any reason, ~pon
fifteen (15) daysl written notice to CONSUl,.T1.N1'. CONSULTANT agrees
to cease all work under this Agreeme.nt 'llpon receipt of said written
notice.
9.3 QOMPENSATION OF CONSULTANT IN T~E EVENT OF T&&~INATION
OF THIS AGREEMENT
In the event of termination of this Agreement or
suspension of work on th~ Project by eit~er CIT~ or CONSULTANT,
CONSULTANT shall receive compensation as follows~
9.J~1 For approved i~e~o vf ~ervice under section 4
of thi& Agreement, compensation shall be in the amount outlined
under Section E of this Agreement for the items of service fully
performed b~ CONSULTANT.
g. 3.2 For i terns of service on which a notice to
proceed has :been iSSUEd by CIT¥, but which have not been fully
completed and approved, CONSULTANT shall he co~pensated for said
service in an amount which be~rs the same ratio to the total fee
otherwise payable for the performan-::e of sena service as the
service actually rendered bears to the total service necessary [or
the full performance of said item of service.
9.3.3 In no event shall the total compensation paid
in the immediately preceding paragraphs exceed the pa}~ent
specified in Section E for the respective items of service to be
furnished :by CONSULTANT.
9.3.« Not'Wi thstanding anything i11 the preceding: para-
q~aphs, upon termination for fault of CONSULT~flT, CITY shall be
obligated to pay for only that portion of the service ~hich can be
incorporated in an adequate environmental impact report.
9.4 DUTIES OF CIT¥ AND CONSULTANT
Upon termination of this Aqreenent or suspension of work
on the Project by either CITY or CONSULTANT, all duties of CITY and
CONSULTANT, as set forth in sections 4 and 5 hereinabove, Shall
terminate.
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SEC1'IOH 19 CONSULTbNltS A-CQ)u}rrING RECOROS
Records
PrO) ect s hall be
accounting basis
convenient times:
of the following ex.p-e.nses pertaining; to the
kept !:Iy CONSULTJt..NT on a qenerally recogr,ized
a~d shall be available to CIT'i at mutually
10.1 Direct personnel expenses j including CO:1sul tant expenses.
(See Section 6 of this Agreement.)
10 .. 1.1 Expenses pertaining to Additional Services.
(See Section 6 of this Agreement.)
SE~rIQN 11 -OWNERSHIP QL~~
11 .. 1 Subject to the provisions of P~ragraph 11.2 belov, all
documents prepared :by CONSUL'!1..NT il'l the performance of this
Agreement, although instru~ents of professional service, are and
shall :be the property of CI'l'¥ whether the environmental impact
report is certified er not.
11 .. 2 Upon termination under Section 9 of this Agreement and
upon CITY's payment of the amount required to be paid under same
section, the originals ar~ all calculations, studies and similar
documents become the property of CITY, and CONSULTANT shall
transfer them to CIT~ upon request without additional compensation.
CITY shall have the right to utilize any in~orrnation and documents
prepared hereunder by CONSULTANT; however, CITY shall indemnify
CONSULTANT against any loss which may be caused to CONSULTANT by
such use and reuse.
SECTION 12 -INTEREST OF CONSULTANT; CONSULTANT INDEPEN
m;!!1 OF CITY
In accepting: this Agreement r CONSULTANT covenants that it
presently has no interest, and shall root acquire ';;'::"Iy interest,
direct or indirect, financial or otherwise, ..... hich -..rould conflict in
any JDan..T'ler or degree vi th the perfonanc_e of the services here
under. CONSULTANT further covenants that, in the performance of
this Agreement, no subcontractor or person having such an interest
shall be employed.. CONSULTANT certifies that no one who has or
will have any financial interest under tnis Agreement is an officer
or e~ployee of CITY.
It is expressly agreed that in the performance of the
professional services required under this. Agreement CONSULTAN'l', and
any of its subconsultants or employ~es, shall at all times he con
sidered independent. contractors and not agents or employees of
CITY.
SECTION ]3 -OUTSIDE CONSULTbN'TS
CONSULTANT shall be responsible for employing all outside
consultants (subconsultants) necessary to aid CONSULTANT in the
performance of the services listed in Section 4 ot this Agreement:
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p~ovided, bowever, that all such subconsultants shall receive prior
~pproval of CITY in writing and shall remain acceptable to CITY
during the tenu of t.his. Agreement.
SECTION 14 -rNDEMNI~
CONSULTANT agrees to indemnify, defend and hold harmless
CITY, its office~s, agents and employees from any and all demands,
claims, or liatdlity of any rjat\Jre~ including death or injury to
any person, property damage or any other loss, caused by or arising
out of CONSULTANT's, its officers!, agents', subcontractors' or
employees' negligent acts, errors, or omissions, or willful
~isconduct, O~ conduct for whicn the law imposes strict liability
~n CONSULTANT in the performance or failure to perforlll. this
Agreement.
SECTION 15 -INSURAN~
15"~ ~ABILITX 'NS~
15.1.1 CONSULTANT, at its sole cost ana expense, shall
obtain and ~aintain~ in full force and effect throughout the entire
term of this Aqreement, the in~urance coverage described in Exhibit
·E~, attached hereto, insuring net only CONSULTANT and its
sUbcontractors, if any, but also, with the exception of workers'
compensation ana employer's liability insurance, CITY, its
officers, agents and employees, and each of them. with re6pect to
activities and services performed by CONSULTA..ltlT for or on behalf of
CITY under the provisions of this Agreement.
15.1.2 Certificates ~f such insurance, preferably on
the forms provided by CITY 1 shall be filed with CITY concurrent~y
with the execution of this Agreelnent or. .'ith CITi' 's approval,
within ten (10) wo,kinq days thereafter. Said certificates shall
i:)e subject to the approval of the CITY Risk Manager a.nd shall
contain an endorsement stating that said insurance is primdry
coverage and will not be canceled or altered by the insurer except
after filing ~ith the City Clerk thirty (30) days' p~ior ~~itten
notice of such cancellation or alteration, and that the city of
Palo Alto is named as an additional ins~red (except in policies of
professional liability insurance). CUrrent certificates of such
insurance shall be kept on file at all times during the term of
this Agreement vith the City Clerk.
SECTIOJ{ 16 ____ -WORKERS' COMPENSATION
CONSULTANT, by executing this Ag~eement, certifies that
it is avare of the provisions of the Labor Code of the state of
California 'Which require every emplo}'er to be insured against
liability for workers' compensation or to undertake self-insurance
in accordance ~ith the provisions of that Code, and certifies that
it will comply with such provisions before coruuencinq the perform
ance of the work of this Agreement.
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seCTION 17 -AGREEMENT BINDING
The terms, covenants, and conditions ot this Agreement
shall apply to, and shall bind~ the heirs, successors, executors,
administrators, assigns, and subco~tractors of both parties.
SECTION 18 -NON.a.SSIGN~BILIT,(
1$.). PERSONAL SERVICES OF CONSULTA,N-.1
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be transferred,
assigned or subcontracted by CONSULTAN~ ~ithout the prior vritten
consent of CITY.
18.2 SERVICES OF SUBCONSULTANT AND THEIR EMPLOYEES
CONSU'LTAN'r shall be responsible for employing or engaging
all persons necessary to p~rform the services of CONSULTANT here
under~ No subconsultant of CONSULTANT will be recognized by CITY
as suCh: rather, all sUbconsultants are deemed to be employees of
CONSULTANT, and it agrees to be responsible for their performance.
OONSUL1~ shall give its ~ersonal attention to the fulfillment of
the provisions of this Agreement by all of its employees and sub
consultants, if any,<and shall keep the ~ork under its control. If
any employee or suDconsul tant of CONSULT.MiT fails or refuses to
carry out the provisions of this lI.greement or appears to be
incompetent or to act in a disorderly or improper manner, he or she
shall be discharged immediately from tbe ~ork under this Agreemen~
on demand of CITY.
SECTION 19 -REf.,IA..1ItlCE ... UPQ.N PROFESSIONAL SKILL OF
CONSPl,TANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
calling necessary to perform the work agreed to be done hereunder
and that CIT'{ relies upon the skill of CONSU"L·rANT to do and perform
the "Work in the most skillful manner, and CONSULTANT agr.e:es to thus
perform the work. The acceptance of CONSULTANT I S ~ork by CITY does
not operate as a release of CONSU~T&~T from said obligation.
SECTION 20 -WAIVERS
The ~aiver by either party of any breach or violation of
any term, covenant, or condition of this Agreement or of any
provision, ordinance, or law shall not pe deemed to be a waiver of
any other term, covenant, condition, ordinance, or law or of any
subsequent breach or violation of the same or of any other term,
covena~t, condition, ordjnance~ or law. The SUbsequent acceptance
by either party of any fee or other money which may become due
shall not be deemed to tie a waiver hereunder by r.he other party of
any term~ covenant, or condition of this Agreement or of any
applicable law or ordinance.
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S£L"'T;ON 21 -NQ IMPLIED ioI'AIY.ER
No payment, partial paYIllent, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CIT¥ of
a~y of its rights under this Agreeme~t.
~N ~2 -COSTS AND ~TTOFNE¥S' FEES
'l'he prevailing party in any action brought to enforce the
terms of this Aqreement or ,,"rising out of this Agreement may
recover its reasonable costs and attor~ey fees e~pended in
connection with such an action from the other party.
SECTION 23 -NONOISCRIM!NAUQ_Nj PENALI.'i
23.1 D!J1Y of CONStJ~J:
No discrimination shall be made in the employment of
persons under this Agreement because of the ra~e, color, national
oriqin, ancestryr religion or $ex of such person. If the value of
this Agreement is, or may be, Five Thousand Dollars ($5,000) or
more, CONSULTANT agrees to meet all requirements of the Palo Alto
Municipal Code pertaining to nondiscrimination in emplo}JIlent and to
complete and submit the -Compliance Report--Nondiscrimination
Provisions of City of Palo Alto Contracts· on the form furnished by
C'ITY as Exhibit -F-attached hereto and incorporated herein by
reference.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision substantially as
follo'Ws:
·PROVIDER shall provide CONSULTANT with a
certificate stating that he (or she) is currently in
compliance with all Federal and State of California laws
covering nondiscrimination in employment;-t-hat he (or
she) will pursue an affirmative course of act.ion as
required by the Affirmative Action GuidelinEs of the City
of Palo Alto; and that he (or she) ""'ill r:ot discrim.inate
ir: the employment of any person under this contract
because of race, co~or, nation31 origin l ancestry, sex or
religion of such person.-
23.2 PENALTY FQ1L-QJSCRIMINAT10N
If CON5UI.TANT is fOU::ld in violation of the nondiscrimina
tion provLslons of the state of California Fair Employment
Practices Act or similar provisions of federal law or executive
order in the performance of this Agre~ment, it shall thereby be
found in ~aterial breach of this Agreement. Thereupon, CITY shall
have the power to cancel or suspend this Agreement, in Whole or in
part, or to deduct from the amount payabl~ to CONSULTANT the sum of
Twenty-Five Dollars ($25) tor each person for each calendar day
during which 6uch person was discriminated against, as damages for
said breach of contract, or both. Only a finding of the State of
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Ca~ifornia Fair Employment Practices Co~~issicn or th~ equivalent
tederal agency or officer shall constitute evidence of a violation
of contract under this scction4
If CONSULTANT is found in violation of the nondis
cri~ination proy~s~ons of this Agreement or the applicable
affirmative action guidelines pertaining to this Agreement,
CONSt1LTAN'l' shall be found irl material breach of this Agree;;ment.
Thereupon, CITY shall have the power to cancel or EHJspend this
Agreement, in whole or in part, or to deduct fro!!! the amount
payattle to CONS1JI.TANT the aum of 'IVo Hundred Fifty Dollars ($250)
for each calendar day during which CONSULTAN7 is found to have been
in such noncompliance as damages for said breach of contract, or
bot!>.
SECTIQN 24 -ARBITRATION
Upon agre~~ent of the parties any controversy or claim
arising out of or relatinq to this Agreement may be settled by
arbitration in accordance with the Rules of the American Arbitra
tion Association, and judgment upon the award rendered by the
Arbitrators may be entered in any court having jurisdiction
thereof.
SECTION 25 -NOTICES
All notices hereunder shall be given in vritinq and
mailed l postage prepaid, by certified mail, addressed as fOllows:
To CITY: Office of the city Clerk
250 Hamilton Avenue
Palo Alto, CA 9430)
AND
Chief Transportation Official
250 Hamilton Avenue
Palo AI'to, CA 94303
To CONTRACTOP; Attention 0= the PROJECT DlkECTOR
at the address of CONSULTANT recited above
SECTION 26 -Ar.r. COyENANTS ARE CONDIT!ONS
All provisions of this Agreement are expI"essly !Dade
conditions.
,s.t£r,l.oN ~_ .... ~_ AGREEMENT CONTAINS .... 2J-_L UNPERSTANDING:u.
A/!ENDMENT
This document represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations, and agr~ements, either written or
oral~
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This document may be amended only by ~ritten instnllDent,
signed by both CITY and CONSULTANT.
SECTION 28 -GOVERNING LAW
This Agreement shall be governed by the laws of the State
ot california.
IN" WITNESS ir."'HEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST: CITY OF PALO ALTO
City Clerk ;;.;-a-y-o-r----------------
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED: EIP ASSOCIATES
B1: _____ _
Assistant City Manager Its: ______________________ __
Risk Manager
Finance Director
APPROVED AS TO CONTENT:
Director of Planr,ing ,
Community Environment
Attachments:
EXHIBIT -A·:
EXHIBIT "'B":
EXHIBIT • C· :
EXHiBIT -Oil:
EXHIBIT -Ell':
EXHIBIT ·F·;
SCOPE OF SERVICES
PROJECT BU DGET
COMPENSATION SCHEDULE
PROJECT SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE REPORT
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o EXHIBIt A
SAND HILL ROAD SCOPE OF SERVICES
INTRODUCTION
The consultant team will prepare the errlllronmentaI documt:ntation for the Sand Hill Road
ErR in full rompliance with the California Environmental Quality Act (CEQA) and the
appropriate procedures set forth by the City 0( Palo Alto that wi1I ensure an accurate and
legally adequate ErR. Graphic materials consisting of maps, drawings and photographs wi1I
be provided' in a co!lsistent fonnat throughout the report.
For each task of the ErR work program, we have descn bed the work to be performed,
methods to be used, relation to other work elements, and the task products.. Attachment
A presents the schedule for the study and preparation of the EIR Attachment B details the
CU'!it.! for each task and tbe assumptions used in preparing the budget Descriptive mat!::rial
fOf each task has been organlzed in the following manner:
o Objective: A succinct description 0( the task', purpose.
o Methodology: A bdef discussion of the met.iodology tbat ",ill be employed 10 meet
the task objectives, the tools needed, the ,,'alysls techniques to be used, aDd the
requisite subtasks.
o Products; A description of the product resulting from each task.
TASK 1: PROJECT Il'<TI1A TION, INITIAL STUDY AND NOTICE OF PREPARATION
Objective
The ob~ctives 0( this tasK are to initiate the study process by setting up coordination and
management procedures. In addition, the environmental process will begin with data
collection and the continuation of the scoping process through circulation of the Notice of
Preparation and Initial Study.
July t5, t991
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S:. .... Hill Road Scope: or s.e .... k.ef.
MethodoloiY
The .consultanl: tl!am will meet \\1th the Cit)' to review the general scope of the project, the
data requirements for the EIR and the work programs for the technica.l studies to be
prepared as the basis of the EIR. The project schedule wm be finalized as to meeting dates,
arid City review periods. will be established. Coordination and management proce\!ures \1oiU
be defined; this will include coordination of project acrn..ities ~ith design procedures being
undertaken by the e.ngineering design consultant.
Subtask 1.1: Review of Relevant Reports and Data. Relevant reports and SOUTces of data
will be coDected and reviewed by the members of the consultant team. A list of the needed
documents Wl11 be provided to the City for fiStl,tstance in gathering the requested material.
An known O-D data avaHable will be revie\IVcd and compared. The traf[lC information
generated for the recent MenTo Park GeneraJ Plan Update will also be incorporated. If
appropriate a meeting W'JI be held between the EIR team and the MenJo Park traffic
consultant.
Baseline tramportation data prO\;ded by tlte City (Le, peal< hour traffic volumes, 24-hour
volumes, suppJemental Q..D data., vehicle classifkation and travel times surveys) will be
reviewed and anaJyzed The corsu!tant team W11l conduct new 24·hour directional traffic
volume counts at eight locatioI1S to supplement data provided by th~ City.
Subtask 1.2: Assembly of Land Use Assumptions. The horizon year fer the study and EIR
will be 1995 for detailed analysis of project impacts and 2005 for evaluation of cumulative
impacts. Existing land use information to the year 2005 is generally available to use in the
analysis. The City staff have updated the travel mode] to the 2005 horizon year and ~ilJ
provide this infonnatkm to the tonsuItant team. The three Mudy entities will pr[)'\1de land
use information for both 1995 and 2005 that should not require additional primary data
coDection by the consultant team. Such data collection., if requested by the City) will be in
addition to the scope of 1his contract.. The City will conduct a comprehensive review of
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"pipeline" (apprO'led) and likely longer-term proje<ts and provide a list for use by the
cor.su1tant team at the outset of tile environmental analysis.
Subtas1c 1.3: Establishment of Roadwav Nignment Alternatfve!. There "",lJ be tbree project
alternatives coru;idered in the ElR:
o The Two--Lane Alternative -The existing t'w'O-Iane lOad along Sand I-fill and a two
Jane extension from Arboretum to El Camino ReaL
o The Three·Lane Alternative -Sand Hill Road widened to three lanes from Santa
Cruz to Arboretum with a two-Iane extension from Arboretum to EI Camino Real.
o The Four-Lane Altcmatnre - A four-lane extension of Sand Hill Road from
Arboretum to EI Camino Real, with a widened four-lane roadway width aIang Sand
Hill Road from Arboretum to Santa Cruz.
l1 addition, the consultant team ",11.1 ~Ai1mme four alternatives to the project These are:
o No Project, the do-notl'ting alternative.
o The Quarry Road/Arboretum;Sand Hill Road Alternative, with existing Sand Hill
Road widened to three laDes from Santa Cruz to Arboretum,
o The PalmIGalvez/Arboreturn/Sand Hm Road Alternative, with existing Sand Hill
Road widened to three lanes from Santa Cruz to Arboretum.
The Transportation Demand Management Alternative -Major increases in programs
for demand management and public transit in t1:Je project area. This a!ternati\'e ",ill
defme the amount of TOM and transit ridership required to reduce th,,;: demand for
roadway improvements 50 that the goals and objeclh"Cs of the project could be met.
The effects, acceptability and cost of such a prosram will then be analyzed_
The tllru project aJternatives and the four alternatives to the project will aD incorporate the
existing level of TOM attained in the project area as a result of on-going programs as a part
of the existing condition."". They will be evaluated with respe-et to a year 1995 time frame,
In addition to the fuII project altc:rnat:ves and alternatives to the project as defined above,
the question of bow the connection at E1 Camino Real \Vil..I be made must be addressed.
3 July IS, 1991
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o DJ-fill Road Scope of Sef\ices
Three options (A, Band C) will be evaluated for the connection of the Sand Hill Road
Project 10 El Camino Real and Alma Street Optivn A would p'cMde no aC<'ess be tween
Sand Hill and Alma; Sand Hill WQu,d have right and left turns only al El Camino Real.
Option B would also not permit through movement between Sand Hin and Alma; however,
a left turn from .. "1ma to southbound FJ Camino Rea! would be allowed. Optioi1 C would
allow full acce.s.s (t.'uousht right and left turns) on aU legs. of each roadway. Tnese three
options will be ~tudied as "subalternatives" (\\1m the as.sessment based upon relative
differences and the detruled deSign), and the: discussi<:m will include quantif1Cation of the
travel implicatior..s. The combination of alternatives and options is djscus.~d more fuDy in
T .. k 2 -Traf!k: Impect Analysis.
Along 11o'ilh the alternatives and options to be evaluated for the environmental
dOCUJI'oentation, there are nine "v..'hat if type questions abr.Jut various aspects of the project
tbat will be considered' in the 1995 time frame. A sensitivity analysis of tlle environmental
and traffic implications for each of the study ,uestions will be performed. 1bese study
questions incl.de the fonowing:
o Wh:it if through trip5 on the proposed extension grow at a faster rate as time passes?
o '\Vhat if the intersection of Sand Hill Road and Santa Cruz is upgraded to an urban
interchange at some point in the future?
o 'What if a frontage road and sound waD is constr<lcted alo~g the reside[]tia! .:aea at
tbe intersection of Sand Hill and San:a Cruz?
o Whal if the traffic signal at the entrance to the exisling Oak Creek Apartments
closest to Santa. Cruz is rc:mO\'ed and an internal frontage road is developed?
o "Hhat if Oak Avenue were to be 'complete1y do'sed at Sand Hill Road and terminated
in a cul-de-sac or traffic were restricted to turil right in, right out only?
o What if the intersectio[] of Oak Avenue Ilnd San Hill Road is modified to allow aU
turni.i.g movements?
a What if lDO'Vt:ments at Sand Hill Road and El Camino Real are limited to right turn
in, right turn out?
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o "-Su.. ~ Hill Roaj Scope of Services
What if the proposed development at Stanford We't would have throe signalized
oonnectio!l5 to Sand Hill Road (pasteur, Arboretum and a midpoint) rather than 'he
twc currently envisioned?
'What if Stanford Shopping Center wtre allowed an additional ir.crement of
deveJc.pment in the amoun: of 185',000 square feet over the present cap (existing plus
65,0CI0 square feet),? This analysis will be done to evaluate the effects of tIip
generation only, not to evaluate the other environmental effects of expansion of the
shopping conter.
Subtaslc 1.4-Preparation of Initial Study (lSI and Notice of Preparation (NOP), An Initial
Study checldist and Notice of Preparation will be prepared using the CEQA guidelines as
a reference.
Subtask 1.:5: ModeEng Methodology+ Technical consensus among City staff and the
consultant team on the modeling methodology and spedfic techniques to be used will be
determined based on the best combination of accuracy, accessibility, and cost-eff~ctiveiJess.
Level of Service (LOS) analysi; at signalized intersections will be eonducted using the
c&!brated TRC 212 method developed for <he Palo Alto Citywide Land Use and
Transportation Study, At unsignalized intersections, the 1985 Highway capacity manual
metllods will be used. The consultant learn will meet with transportation planning and
engineering staff!o develop an equivalency table or other coDversion method to trans!ate
the cabbrated TRC 212 reSults into an apprcrimation of tlle method used by Menlo Park
in its General Plan transportation analysis. Tnc consultant team will review technical
working papers developed for the Menlo Park General Plan Circulation anaJysi5. and the
Palo Alto Qtywide Transportation Study related to lOS methodology for intersections,
Products
The products of this task would inciudt: a series of me:norandum-style reports on the
fonowing subjects:
o Coordination and Management Procedures..
341UI9 5 July ts. 1991
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Review of Procedural Framewmk Products, Origin-Destination S..:rveys .and Other
Rdevant Information. This memor.lindum will ~ument Ii review of origin
destination data and other available traffic information, and identify any substantial
differences in O-D data collected for the procedural framework study as well as data
coDected for other studies. The memo will descno.e the manner in which the
consultant team plans to utilize available O-D data to model the attraction of traffic
to the various Sand Hin Road extensions and other alternatives to the project,
Assembly of Land Use Assumptions. This me morand um will de tai1 the understanding
of land usc assumptions for both 1995 and 2005 and bow they "ill be trea ted for the
purpose of traffic anaJy:;is.
o Description of AJternative!. This memorandum will define the complete set of
alternatives and subalternatives to be analyzed in the Draft ErR.
o Modeling MethodolOgy. This me morandum wi1! document the technical methodoiogy
to be used in fore-easting future traffic volumes and diversioc of traffic in response
10 the various project alternatives.
o Initial Study and Checklist. A preliminary draft will be deL'vered to the City for
review, and the City"s comments -will be incorporated into the final copy.
o Notice of Preparation. As with the Initial Study._ prelinlli1arydraft will be delivered
to the City for review and the City'S comments will be incorporated into the final
copy.
TASK 2; TRAFFIC IMPACr ANALYSIS
Objective.
The objective of this task WITl be to prepare a traffic impact analysis based UjXlfl existi.'1g
transportation survey data, including volumes, travel times, Drigin-destination survey
information and accidents. This 1echnical analysis will serve as the basis for the Traffic and
Circulation chapter of the EIR
Metllodology
Three subtasks, lliscus..~d below, constitute the wbole of Subtask 2.1, Data Co!1ection and
Analysis; Subtask 2.2, Future Traffic Projections; and Subtask 2.3, Traffic lmpact Analysis.
Subtask 21: Existing Conditions Analysis. The consultant team will update and supplement
the description of existing transportation conditions in the Sand Hill Road project "icinity,
>40.89 6 Juty 15, 1991
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This will b1: done through anaJy.is 0( 24-hour ar.d peak period (a.m. and p.m.) traffic
volumes, travel limes.. origin-destination infrxmatkm. and other data that descnbe current
condltions. The consultant team will limit new data corlection to assembly and revie\!," 0{
availabJe information on !raffie ac~idents in the: project vicinity. transit routes and r:dership.
and similar secondary dat.a. Collection of primary data (including l4-bour volumes, peak
period intersection counts, travel times, and origin-dcstination L'1formation) will be provided
by tile City.
2-1.a: Peak Period Conditions. The consultant team will assess the morning and evening
peak period operating conditions of the transportation network through analysis of link and
intersection vo]umes, transit ridership, and other measures.
2-l.b: 24-Hour Data. Daily roadway volumes will be analyzed to establish a peak nour for
analysis of project impacts., as wen as tn quantify project impacts on residential streets.
2·1.c: Origin~Destina:tion Information. The procedural framework origic-<'!estination survey
results will be evaluated to determine the likeiy dr.·ersioD of tr.~ffic resulting from the various
a1ternatives. Additiona1 origin.(!estination survey data to be provided by the City will be
analyzed to quantify .other potential effects of the alternatives, such as a change in traffic
volume through the shopping center parking area.. or change in the number 0( U~tums at
Cambridge Avenue.
2~l.d: Travel Time Information. Travel times on alternative routes v.ill be evaJuated to
estimate the differenc:e in travel time afforded by project alternatives.
2-1.e: Oassified Ve~jcle Count. A 12-wur classified vehicle count .. ill be analyzed to
klen';fy the number and type of:rucks on Sand Hill Road near the project location, as wen
as to identify typical trucic routes and destinarmns v.ithin tile project wicinity.
7 July 15. 1991
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2-11: .. 4.ccmnt Irdta. The consulta.'1t team will a.ss-rmble and revi~w available acddent
records maintained by the City of Palo Alto, Menlo Park, and San Mateo O:)Unty to
docume·nt accident experien-ce on Sand Hill Road.
fulbWjc 2.2: Future Traffic Projections. Using the Palo AltO Citywide traffic model" the
consultant team will augrr:cnt the Sand Hill Road quadrant to include additional
intersections and tra ... --el zones. Existing-conditi{)n traffic data in the model wiJl be updated,
including peak period intersection volumes and volume/capacity ratios. The land 1!Se
assumptions defined in Task 1 will be reviewed by City staff and entered into the model 50
that it 'iIIill reflect projected development between 1990 and the short~term horizon year of
1995, and the long·term borizon year of 2005.
Traffic assignments for the year. 1995 and 2005 will be developed for each of the project
alternatives (two-lane extension with two lanes on Sand Hm Road. two-lane extension with
three lanes on San Hill Road and four iane> for both the exteru;ion and Sand Hill Road).
Traffic assignments will also be develnped for the alternatives to. the prQject (};'o. Project,
Qua'l)' Road/Arboretum, PalmIGalvez/Arboretum and the Transportation Demand
Management alternative).. These assignments will be based upon available O-D data and
data coOected as descnbed in Subtask 2.1. The consultant team will work with City staff to.
obtain concurrence on key assumptio.ns required for traffic assignments.
Two cycles of future traffic modeling wiLl be preformed. The first will be used to. a'iSeSS
impacts and differences among the alternatives. These initial results will be reviewed by the
consultant team and the Clty. A second cycle of modeling 'Will then be performed to. finalize
the travei forecast and impact assessment of each of the alternatrves defined above.
The future traffic projections will i!ldude the follOYwing scenarios:
Q Existing Conditions
o Year 1995 ''No PrQjecl" Conaitions
340.89 8 July 15. 1991
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o Year 1995 '"With Proje('\" Conditions for the. major alternatives defined in Task 1 and
below:
1.
2.
The Two-Lane AlternatrJe • A two-lane rood along eJdstlng Sand Hill and a
two-lane extension from Arboretum to El Camino Real This alternatr.'e .. ill
be snaIyzed in conjunction with options A. Band C at the intersection with
Et Camino Real and Alma
The Three-Lane Alternative· A two-lane extension frOrD Arboretum to EJ
Camino Real "ith the widening of Sand Hil] Road 10 three lanes from
Arboretum to Santa Cruz.. As with Alternative I, this alternative will be
analyz.ed in conju nction with Options A, B, and C.
:;. The Four~Lane Alternative -The four-lane extension o~ Sand Hill from
Arooretum to Et Camino Real with Sand Hill Rood widened to four lanes
from Arboretum to Santa Cruz. This alternative will also be evaluated with
Options A, Band C
4. The Quarry RoadlArboretumiSand HiD Road Alternative, with existing Sand
Hill Road widened to three Janes from Arboretum to s&'nta Cruz.
S. The Palrn/Galvez!Arooretu.n!Sand HiD Road Altemathie, with existing Sand
Hill Road 'Widened to three lanes from Arboretum to Santa Cruz.
6. The Transportation Demand Management Aiternam'e • Major increases in
programs for !.ransportation demand management (TOM) and public transit
in the project area. This alternative will define the amount oE TDM and
transit r.dership that would be required to reduce the demand for roadway
improvements in order to meet the goals and oojective.s of the project
7. the nine "what if' questions defined ifl Subtask: 1.3
o Year 2005 "No Project" Condhions
o Year 2005 "With Project" Condiooll5 for only those three project altemalifes and four
ai1ernatives to the project defined in Subtask 1.3.
Travel model results will include p.m. peak bour forecasts of turning mDvements, evaluation
of intersection VOlume/capacity ratios and }eve1s of sen::i.ce. daily traffic '\o'olume impacts at
sek.cted locations. An alternatives will reflect the existing level of TDt,{ attained and/or
probable due to current programs, binding agreements and mitigation monitoring programs,
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Travel forec.85t and impact analyses will be condlJcted for each of the prcjeC1 aJternative:s
and the alternatives to the project and OptiOIlS A, Band e
Subtask ~3: 1995 Traffi<: Impact Anal;i>i.. Traffic impacts will be kleotified for the six
aJterrurtives enumerated above, the three options and the study questions listed in Task 1.
The anaJy..is of 1995 conditions with and without the project will be detailed as foUews:
2.3a: Major Intersection and Roadway Impacts. Traffic impact5 will be identified by
comparison of peak hour volumes and intersection levels of service at aD major intersections
,in the project vicinity and at selected locations. within the overall study area. In additlon 10
the capacity and service level comparisons, an evaluation of navel time savings would be
performed by estimating accrued intersection delay and mJdblock average running speeds
with future peak hour traffi<: levels. Average daily traffic (ADT) volume forecasts will be
used to further identify impact5 both to maior arterials and to neighborhood streets. Those
comparisons will be based upon evaiuation of each alternative, given projected demand
under a single 1995 land use scenario.
2.Th: Neighborhood Traffic !mpacts. Estimates of daily and peak hour traffic div<rsion will
be w.ed to assess potential impacts to adjacent residential nCighborhcx:xts adjacen: to the
projeA.'1. limits. Changes in traffic volume near sens.itive recepton.,. such as p.ar~ schools,
senior housing etc., as .... eD as overall stIeet traffic change, will be used to evaluate the
significanre of these impacts.
2.3<:: Mltigation oflmpact5. Mitigation me~ures both w:i&jn and outside tJ"1e project limits
will be identified and eva]uatw, where feasible, to minimize project-generated impacts. The
nl05t appropriate project altern3.tive(s) and \lollime forecast "ill be U5t:d to eva1uate
mitigation measures. Additional mitigation measures or dn. .. -ulation modifications designed
to limit impacts 10 residential struts. in the project vicinity will be considered as necessary.
These mitigation measures will be identified from meetings with neighborhood groups and
in consultation with the respective city staff and ",ill be tested in 11'.e modeL
2.3d: Cumulative Impacts. Year 2005 conditions with and withoill the three ptoject
alternatives and four alternatives to the proje{.;: will be idencilled. Impacts lNill be identified
343.89 10 July t5, l!1'll
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by comparison of peak hour traffic volumes and intersection levels of servke at reajor
intcnections in the project area and at selected .Iocatior .... s within the o\'erall study area.
Average daily traffic forecasts will be provided for major arterials.
Products
The products 0( this task would include the following:
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Tabulated peak period and daily traffic counts, with a summary of peak and daily
traffic volumes in the study area.
Future traffic projections., including daily and peak bour traffic 'o'oIumes on key
roadway segments and turning movements at imponant intersections in the sfud),
area.
Traffic impact analysis, wlth trd.ff1.c projections for each of the alternatives, descnbed
in terms of peak period intersection level of ser .... ice. estimated change in travel time
OD 'key ~ change in traffic volumes,. synopsis of traffIC diven;.ion, and other
information necessary for the BIR.
Mitigation measures identified and evaluated (or effecthreness in reducing traffic
impacts within the project hmits and the overall proje....'1. vicinity.
Cumulative impact analysis for the 200S time frame, descnbed in tenns of traffic
volumes and level of senice.
TASK 3: SPECIAL STUDIES
Objectives
The objective of this task is to provide tl::e City 'With separate techni.:a1 studies iliat rould be
important in understanding the project alternatives and in selecting a prefef'!'ed alternative.
MethodolO$Y
The consultant team would prepare four sepa.rate technical studie~. These technic-a] studies
would focus on partk.-ular issues or geographic areas, and would include specific discussion
0( those issues that could represent pbysical or fmancial design c.onstraints or opportunities
as they relate to the alignment alternatives. This task would involve the follOwing subtasks:
11 July 15, 1991
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St.:btask 3.1: Cultural Resouices Study. N archaeological resources have been found in the
project area, special attention m'.lst he given to potential archaeological impacts of ~e
project
The following work items 'Nill be corople ted by the con5ubmt team:
o Existing archaeological archival research for the pr0ject alternatives wilI be re\'i~wed
and, if necessary, supplemented. The Quart)' Road and the Galvez Road
Alternatives may require field reconnaissance of areas to be affected. [n addition,
any project elements found not to be CQ\.'cred in tbe previous studies .... 111 have to be
subjected to field su!\'ey.
o Coordinate wlth local indr.;dua1s and agencies with archaeological interests, including
the Stanford University archaeologist, in order to locate new, unpublisbed da.ta.
o New data on local archaeology from Stanford University (discovered since the earlier
studies) will be integrated.
a 00 the b.'lSis of both existing and newly generated data, we: 'Wl1f prepare an ana:!ysis
of potential impacts on archaentogica1 resources c.ttnblltal:'>ie 10 each of the
alternatives to be evaluated in the ErR
Subtask. 3.2: Arbor Resources Study. Groves of trees currently erur in tbe vicinity of E1
Camino Real and at other locations within the project area. Impacts to these trees brought
about by each project alternative 'Wlli be identlfied. Duri."lg previous studies within the area,
the bj(\logical resources of the San Francisquito Creek and its riparian areas were evaluated
and, more specificaI1y, aU previously existing trees along tbe Sand Hill Road were identified.
AdditionaTIy, s-i.rice the completion of the previous studies there may have been changes to
local tree prote.::tion policies or regulations which ;nust b-: cD:1Sidered.
The following work items wtll be completed:
o The consultant 1eam will review previous tree stIJdies conducted in the Sand Hill
Road project area. In conjunction with the City. an area of potentia! project effect
for trees will be define1.. ne City \lI1JJ make available a tree jnventoiY detailing an
trees along the corridor and defining trees that may need removal The condition,
age, diameter and species of the trees will be assessed in this inventory.
o A tree planting program (part of the project) to be prmoded by the City w11l be
reviewed for consistency with pol.icies and programs related to vegetation in the
"icinity of San Francisquito Creek. All relevant elements of the City of Palo Alto
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Sa.. _ Hill Road Scope: or Services.
Compre:hel15ive Plan, the Menlo Park. General Plan, tbe Santa Dara County General
Plan, and t...'1e San ~fafeo County General prall; as wetl as heritage tree or other tree
protection ordinances of t..l]ese local j urisd:ctions, will be conside red
An trees that &re considered biologkatly important or imJX>rtant relative to local
jurisdictional regulatioru (ee, aD heritage uees) will be identified and mapped. Any
trees thar would have to be removed with the irnp!ementation of a pa..1icular
alternative rou!e alignment wi!l be identified and listed by alternative.
Subtask 33: San Fran~ujto Creek Crossing S!..lli:1L. The CT0SSing of San Fr~ncisqujto
Creek with Dew bridge Structures will be included as a part of some pr~ject alternatives.
Both the threev and four-lane alternatives. involve additional treek cr~ings: A smaller
pedestrian-bicycle: itructure would be. required with the three-jane alternative and a larger
automobiIe-rompatible structure would be:: required with the four-lane alternative. A creek
crossing of this type raises several issues, including impacts on archaeological resources,
biological resources, contamination from construction and disturbance of soils with erosion
potential The riparian habitat of tile creek will require additional study to re:.pond to the
concern raised in the seoping process. .
The following work items w-JI be compie:ted:
o The consultant team 'Will map the area or impact in the San Frandsquito Creek
riparian area associated with eao:;:h alternative in order to idcneify t11e {Xltential
disturbance zone and the species and habitat to be affected.
o From Subtasks 3.1 and 3.2 descnbed above, the consuha.'lt team will identify any
potential areha.eologica1 resources and trees that could potentially be disturbed under
the alternative bridge designs.
c The consultant team 'Will review previous studies of the brhlge area an d will
supp1ement thos.e earlier stud~es with 'a comprehensive study of the biOlogical
resources present in the area of impact, indudmg flora and fauna. The presence of
any endangered, threatened, rare or other species of concern w1lI be identified and
mapped. The potential for disturbance of the habitat of such sensitive species will
be evaluated. New studies are neces£ary in order t0 confirm any changes in the
biological character of the site) ar.d als.o 10 confirm the presence of species that may
not have been considered sensitive at the time of those earlier studies.
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The Army Corps oC Engineers will be contacted to define any wetlands issues or
pc~-mit requirements. If any of the alte.-natiYes Of options will affect the creek at E1
Camino Rea~ a study siIrular to that listed above will be done L.'"1 the area of that
creek bed.
Tbe cor.su.ltan~ team will descnbe and evaluate the soils conditions in the vicinity of
the San Francisquito Creek bridge, with an eye toward potential erosion control
issues to be raiset! with bridge. CQrlS.truction. Pretimma..--y bridge designs will be
anaJyzed. and potential erosion problems and solutions idc:ntified.
Subtru.k 3.4~ Stanford University Golf O:)Urse rmpaC!~. The alignment of a widened
Sand Hill Road will affect the Stanford Golf Course and require modification of the current
configuration adjacent to the project area. Design plans prQ\ided by the City will be
evaluated. 1De right-of·way necessary and the poten:ial changes to t:he golf course design
will be analyzed. Starting "ith the existing work, the fo~owing work items will be completed:
o The consultant (earn will be provided with an o..-erlay of current alternative roadway
configurations onto the existing golf c.ourse layout as well as proposed mcx1ifications
to the course, with an identification of potential conflicts and incompatibilities for
their evaluation foe environmental impacts.
o Any potential disturbance of archaeological resources within the goH course area will
be identified. (This analysis "ill be a subset of Subta,. 3.1.)
o Based on past biologicaJ .survey work., the potentiaDy affected areas of the golf course
will be resurveyed and potential impacts on vegetatian or wildUfe species or habttat
will be identified.
The products of this task would i:lClude technical memoranda entitled as follows:
c "Cultural Resoum:s Study for the Sand Hill Road Project'
o • Arbo< Resources Study for the Sand Hill Road Project'
o "Potential Effects of Disturbance Around San Frandsquito Creek/Sand Hill Road
Bridge"
o "Potential Elf"' .... From Sand Hill Road Project on Stanford University Golf Course'
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TASK 4: PREPARATION OF TIlE ADMINISTRATIVE DRAFT ErR
Ohje.ctive
The objective of this task is to prepare an accurate. thorough.. compre.hensive:. and c:.d[ted
Administrotive Draft ElR, complete with background documents.
Methodology
The <onsult>nt team will prepare the Administrative Draft ErR in accordance with CEOA
and City 0( Palo Alto «gulations and gui.deilnes. Each section of .he repan ",ill include an
sections fO'luired by CEQA An O'lual evaluation of the three project alternatives and the
four alternatives 10 the project (as defined in $ubtask 1.3) and t..1,.e three major options -.vill
also be included in the EIR documents. The project study questions (i.e, the "What If'
questions) will also be evaluated and discussed in the ElR, although no, in as much depth
or detail as the project alternatives or options.
The impacts 0( the project alternatives with the cumulawe projects .. ;ll he clearly
differentiated from the impacts of cumulative le\Iels of development within the project area.
The number of developments to be take-n into..) aCCOiJnt in the curnu1ative analysis ",'ill be
determined in conjunction with the City (see Sub' ... D).
~ntigation measures that are. pwposed ~ the project &.pplicant w:.U be differentiated from
mitigation measures recommended by L'te preparers of the ErR. The cumuIa'tive impacts
will be categorized as to their degree of severity in indi .... idual sections of tbe EIR, cross-
referenced where required between sections, I:1nd summarized in the Summary section oflhe
document.
The fonawing descn'"l:>es the topical evaluation of environmental impacts to be included in
the Administrative Draft EIR:
Subtask 4.1: Traffic and Circulatjon. Ela5ed on work completed in Tas .. 1 and 2, the
consulta.Jlt team W'JI prepare an ErR Setting section descnbing the eJdsting transportation
system in the Sand Hill Road project area in terms of the fonawing components:
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Roadway Network -Existing daily and peak hour conditions. predominant travel
patterns,. functional hierarchy. flow .. 'ariation and 3a:idents..
Public Transit" Routes and Sel"'vice -Ri<kfsh~p levels, major destinations.
Bikew'dY Network.
Pedestrian N "",'or I<.
Relationship to Regional Transportation Facilities -Role of Sand Hill Road in local
and regional travel
A5 descnbe<l in T .. k 2, impact anal)= will be prepared that evaloates each project
alternative (as defined in Subtask 1.3). and inclodes an evaluation of traffic impacts within
the Sand Hill Road project area and other important connecting roadways. adjacent to the
project area, as wen as the residential neighborhoods peripheral to Sand !-WI Road in Menlo
Park, and Palo Alto, and at Stanford University. These analy>es will be in the 1995 and
2005 time frames as discussed in Tas'< 2
Mitigation measures wIll be developed as p." ofTask 2 for an identified significant impacts.
Such mitigation measures may include traffic signal instaJIation Of eliillination; intersection
and roadway improvements; roadway signing and striping modifications; aJterations to the
existing or planned pedestrian and bkycle programs; and design features to improve public
transit access in the project area.
SubWk 4.2: Land Use. The consultant team wiJ.l prepare a setting section that establishes
the land use context for the project by surveying, mapping ... and descnbmg, in text, Jand use
types, intcllSities, and patterns along Sand Hill Road and in th~ imrnedlai.e vicinity of the
project area.
Based on work completed b Task 1, the ErR wiTI e ... tabtli;h the context for the land use
projected for 1995 and the cumulative land use changes in the future (2005) by :kientifying
(in tabular form) an projects that are appropriately addressed in the analysis of futore
cumulative impacts, (See Task 1.2).
[6 July 15, 1'191
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The EIR will provide a review of at! appropriate plannmg documents. that provide guidance
for development in the Sand Hill Road project area. indudlng. but not limited to the City
of Palo Alto Comprehensive Plan, the StanIord Land Use Plan, Ibe Menlo Park General
Plan, the Sania Clara County General Plan, and Ibe San Mat", Counry General Plan. The
appropriate planning policies relative to the alternatives Vr,1ll be des...'Tlbed.
The consultant team ,,'111 descnbe potentiil! land use impacts related to changeS in the type.
i..,tensity or pattern of land uses along Sand Hill Rca d due to the project and ether
cumulative proj~ within the immediate vicinity of the project area..
The characteristics of the project would be compared and eva1uated for corJonnance with
Ibe objectives, poUcies and programs of lb. related planning docum~nts d=onbed in Su1>task
:) above. In each case, the document will ascertain wbether the proje<1 is in conformance
with the variety of pian policies related to tM: alternatives..
If significant environmental effects are discovered, the consultant team will develop
meaningful mitigation measures 10 diminish said effects.
Subtask 4.3: Noise And Vibration, The consultant team noise analysts will prepare a noise
and Vlbration setting section descnbing the aoow.tic environment of the project area,
including Sand Hill Road, in residentia] areas within and adjilcent to the project are.a (in
Meruo Park and Palo AJto, and on the Stanford Unr..'ersity campus). and would identify any
sensit.~e receptors.
Twenty-four-bour noise measurements will be conducted at three locations and
supplemented by short-term rneasuremen ts. The City has ide ntifled the in te rsectlon of Sana
Hill Road and Santa Cruz and the residential neighborhCXld across the creek. from the
shopping center as two of the locations. The consultant team \IoiII select other k>eations and
submit the Hst to the City for its review. These data will anow description of the existing
noise environment in lerms of the 24-hour average day/night noise level. or Ldn, as required
by Ibe Noise Elements of Ibe Ciry of Menlo Park General Plan and Ciry of Palo Alto
17 July IS, 1991
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Comprehensive ~n. Vibration readiDgs ,,"ill be taken, and the potential for VIbrational
•. ffects will be discussed.
The noise setting description will i.;"'1clude information on sensitive noise receptors in the
vidnity of the project tlwl could be aife<:ted by noise generated t,y the project. This
informatio~ will be presented in ten and mapped for graphic presentation.
The consLI1tant team will detail the City of PaIo Alto's Noise Ordinance and adopted
Noise/Land Use Compa~bility Standards include<l in L'le Comprehensive Plan, in addition
10 those of other jurisdictions 'Within the prl..-"',ject area and other regulatory agende~ su<:h as
Caltrall5.
The noise impact analysis presented in the EIR will asses: the potential n':W noise
generation created through development of the alternatives, both constructio[]-generated iind
vehicula.:"·,(elated noise sources. Pa.rt:kt:.lar attention will t\C! paid to noisc·sensitive receptors.,
existing and planned, and long-term noise levels due to traffic and the cumulative
developmenl within the project vicinity.
The: noise analysis will take into account the shon term 1995 project generated noise and
the year 2005 cumulative effects.
Future noise levels (or the No Project alternative, as wen as for the other aiternativeS:. will
be calculated using • traffic noise prediction mod~l approved by the U.s. Department of
Transportation. Federal Highway Administration. The results will be displayed in the form
0{ nohe contours. Noise level increases andim decreast:s on sueet5 experiencing altered
traffic volumes as a result of the project will be calculated and the potential for adverse
community response evaruated. The Impa.::t section will 31&0 address the potential for short
term construction noise impacts.
The consultant team will identify all noise~2ttcnuating mcasures that could be undert.aken
10 mitigate both short~ and k1ng·term noise impacts of significance.
34<1.89 1& July 15, '99j
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Su!?task 4 4: Air Duality, The consultanlleam will prepare the air quality analysis for the
EIR. The a.nalysis will be based I,.:m esti..rnat~ of area .. id.e smog p[ ecursors (Reactive
Organic Gases (ROO I and Oxides of Nitrogen (NOJ) emissions using eSIL-nates of increased
vehick miles traveled ~ff) fro:n the traffic analysis. Emission facto" will C< obtained
from the EMFAC· 7PC computer program.
The ErR Senil'1g section will include a description of the climate and meteorology of the
project area in tt.rms of the Bay Area air basin., historical air quality data, and the current
efforts to attain and maintain State and federal air quality standards.
The EIR will identify aU scnsitlVe receptors for air ponutants in the vicinity of the project.
The ErR will provide It discussion of the relative effetts on regional and locaJ air quality 0{
the alternatives..
The COD-'1lltaDt team will perform miao-scale modelil1g of Carbon Monoxide (CO) levels
near all intersections pinpointed as having the greatest potential for CO problems using !be
CAUNE4 computer modeL This will include calculation of CO levels at an sensitive
re.ccptors Mthin the project area. The modeling WIll be performed for each of the
alternatives. The mod;!ling effort will reflect not only the traffic \'olumes associated with
eacb alternative, but also the levels of congestion, which also yartiaDy detennine CO
generation. The analYses will addr",s the short term (1'195) and long term (2005) time
frames.
The EIR will qualitatively descnbe the h'kely levels of CO at intel'..ections not modeled, and
estimate CO levels at an mntified sensitive receptors.
The EIR will compare predicted CO concentrations with State and federal standards.
The EIR will include an analysis of regional changes in smog precursor (ROO and NOJ
emissions due te adoption of each alternative fDr future years baseJ en regional tr2'_vel and
speed data provided by the transportation analysis. The URBEMIS-2 computer program
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will be employed, and omission facters ",ill be derived from the EMFAC·7PC compoter
program.
The EIR will develop, together ovith the trafl..5portatioD analysis, mitigation measures for air
quality impacts, including those set forth by the Bay Area Air Quality Management District.
The effe..-th·eness of alternatives on reducing air emissioru. will also be determined.
fuU:!task 4.5: CuItural Resources. The v-'ori completed for Task 3.1 will be used as tTh: basis
for the Cultural Resoa rces chapte r of the ADEIR In the Setting >cClio., a111.nown existing
cultllnU resourres that could be affected by the project alternam'cs ""ill be docu~ented.
The potentia! fO[ finding Dew cu1tural resources during earth-mewing phases of the project
alternatives will be determined and described.
Based on the results of the Cu1tural Resources Study. the EiR wili recomme!1d mjtigation
measures, which could range from limited monitoring by a qualified arcnaeologist during
earth-moving activities to preconstruction te,sting for archaeological resources. and the
development of an arcbaeological resources. preservation program, "imilar to those programs
that currenily exist elsewhere in the Sand HilJ Road project area.
Subtask 4.6: Soi1s and GeolotTV'. The consultant learn \\rill review an previous en .... ironmental
s.tudies to descnbe exis.ting soils conditions on tl,e project site. Site soils ~i11 be described
in terms of their implications for construction and engineering of the project
Based on previously prepared geotechnical studies in the project area, the consultant team
will describe the groundwater condit>ons 00 site, paying special attention to the height of the
groundwater table.
The geoJogical characteristics of the project area will be identified and descnbed. The ErR
will present any objectives, policies Of programs of the City of Palo Alto Comprehen.c;.ive
34',"89 2D hly 15, 199\
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Plan, or othc:r kJcaJ planning doclilllents; that relate to construction in seismically unstable
areas.
The EIR will include a description of potential impacts of the prcj.o:ct in re1arion to soils and
subs.trate conditions. The analysis. Wl.1l focus on sucb hazards M soil stability and se~rnjcany
induced grnundsb-aking that could affect the project improvemenL'\. The potential project
impacts will be compared to the geology/seismic policies oCtile Comprehensive Plan and the
planning documents of other local jurisdictions.
The EIR will incJude mitigation measures for any significan! impacts identified.
Subtao;k 4.7: Hydrology and Water Ou:l\1ty. The Setting section of t.he MSessrnent of
impacts on the IocaJ hydrology and drainage sy>tem. and potential water quality effects, wiD
be based on work previously completeJ In tbe project area, incltJdi"g the most recent studies
documenting Stanford's storm v."Ster drainage master planning efforts in the San Frnflcisquito
Creek watershed. Existing flows aDd the capacity of the stDrDl drainage sy>tem WIll be
evaluated, and the future cumulative context 'iJro'1] be presented based on estimated increased
runoff due to buildout of other cumulative development i.., the same waten'hed. Planned
improvements to tbe drainage sys.tem, affecting the capacity of the s~tem to accommodato:
runoff, will be descn1>ed
The potentia1 for flooding, eit.'1er from San Frandsql.lito Creek or from dam faiJure
inundation from Searsville and Felt Lake .. wiD be described.
Based OD existing infonnalion availabJe from previous studiefi in the area, or from more
recent studies completed by the City of Palo Alto, Stanford Univel>ity or the Regional
Water Quality Control Board, the quality of water will be cha.racterized in San Francisquito
Creek as WIll the wa.ter being introduced to the Creek at the var;ous outfaIls adjacent to the
proje.ct are ..
21 July 15, 1~1
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The proposed project wou!d add !nCTeased impervious surface in the project area, and thus
runoff would be expected to increase. The mcreased contn1:>ution to the drainage fky,vs, if
any, will be ca1culated and presented for each of the alternatNes, both separately and in the
context 0( futlJre cumulative gro'W'th levels.
The consultant learn will evaluate the potential for Changes in runoff water quality from the
alternatives_
:t.fjtigation measures Wl1J be recommended for any identified significan: impacts from both
project-tpecific and cumu1:ative increases in drainage or changei to water quality in the
Creek.
Subtask 4.& Vesetation and Wildlife. On !hI'! basis of biological work compTeted in Tasks
.30.2,. 3.3 and 3.4, the consultant team's biological staff will docume nt the DUrobe': r. specie s, and
distribution of animal and plant species that could be effected by Ll-Je altemaL."ves. The
evaluation will provide information on the size, age, and overarJ condition of trees.. All trees
00 the potential alt~mative roadway alignments ",111 be mapped.
The EIR 1Nill provide a description of tbe role or on-site vegetation as habitat for kxal or
transient 'Wlld1ife witb special attention paid to pDSSlble sites of nestlng birds. Special
emphasis will be directed at the San Francisquito Creek riparian habitat areas both duri.'1g.
construction and duril'lg operational phases of the project.
The consultant team wJ1 provide a rt .. 'View and descfiptkm of efforts included in StanfOid's
Vegetation Management Plan to maintain and enhance vegetation and wildlife l1abitats on
Stanford University lands, as weD as kx:al poucies and programs from the City of Paio Alto
and Menlo Park.
Based on an evaluation Qf preliminar), alternative designs.. the EIR will assess and descnbe
the potentia1 impacts of the project and its alternatives on the on-site vegt::Lation and wildlife
habitat These impacts wI1l be compared to potides contained in the Palo Alto
Comprehensive Plan, the Menlo Park General Plan, and the StanIo;-d University Vegetation
Man.gernen t Plan.
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~ EIR will describe feasmle mitigation measures for disturbance or elimination of sensitive
habitats ar:d tree removal.
Subtas.'k 4.9: GrO'oNth IndIJc:ement. The ErR will docurn~nt existh~g planned levels of gro~th
in the project area and areas adjacent to the project The time frames to be B!1alyzed are
1995 fOf project completion and 2005 for the growth related to the project and cumulative
projects.
Based on each aJternative, the consultant team will assess we pol~ntial for stimulation of
addltionat growth in and around the project area. This. W111 include an assessment 0(
poteatiaJ future development that might be considered to be dependent on increased
capacity in the Sand Hill Road project area.
The potential effects of ,\U:b induced growth will be evaluated. The impacts associated with
housing supply. schools and public services and utilities (-water, wastN'ater, soltd waste,
polke and fire service,) will be discussed.
The consultant team will de:scnbe feasible mitigation measures for rcsuicting any potential
grtrWth-inducing impacts of the: projeci alternatives.
Subtask 4.10: Community Services. This section of Ole EIR ~;II focus on those commun.i1Y
services that could be affected by increased capacity along Sand Hill Road (primarily pouce
and fire protection 'Sen.ices). The c::)nsultant team WIll des.crille the existing conditions a:;
they relate 10 the provision of police and fire seniccs in the project area, including Ioca:ion
of stations and response times. Additional areas of concern witl be road maintenance,
effects to the storm draiImge system, traffic signals, litter control and s:re~t lights.
Community services will also be assessed in the sbort term (1995) and long lenn (2005) for
impacts.
The assessment of impacts on police and fire services will be based 011 increa!>.Cd or
decreased response time to sites accessed through the Sand Hili Road project area.
340.89 23 July 15, t99)
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v.'her~ necessary. iIliligation measure; v..~;:D be preli.ented that will address L"1lpacts on the
provision of pollee and fire senices.
Subta~k 4.1 1: Aesthetics and Visual Ouabtv. The consultant team ~iIl des.::nbe the "isual
condlt.ons in the project area and will graphically represent important vi."'val features and
views. Existing conditions 'WIll be documented 'Wi'th photographs.
The EIR will evaluate the aestbctic impacts of {he alternatives. This evaluation wiil take the
form of the following:
o A lextaal description of the visua11aesthetic relationship of the alterna.tives tel
neighboring structures and space surrounding t.1te road"M.'3y a1ignments. Of particular
concern will 'be f'.ITects on existing stands. of trees., the golf CO>lrse, San Francisquito
Creek and the residential area along Creekside Dri'\l-e.
o Evaluation of conformance with desigli-reJa!ed p!ans and guidelines of the Palo Alto
Comprehensive Plan, the Menlo Park. General Plan and the Suuuord Un.r.:\,ersity Land
Use Plan.
As descnbed above, the consultant team '11.11] identify an trees on the site a.nd will evaluate
any plans for tree removal and planting.
The oonsultant team W11l identify potentia! measures that could be implemented ta mltigate
any identified significant visual quality impacts.
Subtask 4.12: Cumulative Effects. AJthough the cumulatIve aspects Df each issue C1re-a '\IIIo11f
be. disc.ussed within e-ach section dedicated to that issue, the consu!tant team '11.111 prepare a
chapter summarizing the potential cumulative effects of the project In the Setting section,
the cumulative context for the roadway improvements wm be summarized, including
anticipated growth in Palo Alto, MenJD Park, Stanford University, and other surrounding
jurU.dictions.
The impact analysis will summarae the findings DC the cumulative analy-"J;s of traffic, air
quality, noise, hydrology~ter quality, land LlSC. and community services impacts.
24 July IS, 1991
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A summar)" of potential measures that could mitigate cumulative impacts of the project will
be inc] uded.
Subtask 4.13: Evaluat!on of Alternative~ The. alternatives to the project will be analyzed
and tben compared and contrasted to Lie project alternatives. The alternattves will be
compared .. 10 the ,hOrllerrn (1995) and long term (2005) impacts in those =as sucb as
traffic where the effects will differ. Those aJternatives analyzed and found not to meet the
goais and objectives of the project will be included jn this Chapter. The reasons for the
rejection of these alternatives were rejected will also be discussed.
Subtask 4.14: Statutory Sections. CEQA requires a number of 5ect}ons or discusslom in the
EIR. These include a table of contents or inde~ a summary of the entire document (in text
and tabular fonn), discussions of the intended uses of the ErR, the areas of .::onuoversy and
the issues to be resolved and a section on the unavoidabJe adve.rse impacts of thlt! project.
Additional sections will discuss the effects found not to be: significant .and list the persun.~
organizations and referenC'-es consulted.
Subt""k 4.15: PIOduction of Administrative Draft. Graphics will be prepared to illustrate
those aspects of the erMromnental study that are best presented in graphic form. AlI of
the text disc""ion. from Subtasks 4.1 through 4.14 will be compiled in a single document
for ~nlor in-house re..iew. Revisions will be made as necessary. The entire document will
be edited.
Products
Thirty copies of the Administrative Draft ErR will be delivered 10 the City of Paio Nto.
TASK 5: PREPARATION OF TI-IE DRAFT EIR
Objective
The objective of this I35k is 10 prepare an accurate, thorough, and complete Draft EIR.
:l4O.89 July 15, 1991
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5....: .. Hill Road Scope of $eC\oices
Methodology
After City staff has re-.iewed the Administrative Draft EIR the consultanf tearr;: will
incorporate the revisions into the document and prepare the Draft EIR for ptib~ic
distnbutiol'.
The consultant team anticipates that there 'Will be a single round of review and that they ~ill
receive a sin~e review document from the O.ty containing all requested revisions to the
ADEIR after tlle City Staff bas reviewed and coordinated ail review comments. It is
anticipated that up to two meetings with City staff may be required to resolve issues raised
during the review of the ADELR
Products
Three hundred copies of the Draft EJR ",1] be prmided to the City of Palo Alto for
distribution.
TASK 6: PREPARATION OF TIlE FINAL ErR
Obiectiye
The objective of this task is to prepare an accurate, thorough, and comptete document
containing written responses to all comments received duriflg the p· ... blic rev'lew period and
to create a mitigation monitoring matri~.
Methodology
Written res.ponses to the comments on the Draft EIR received at the public hearing(~) and
letters of comment received during the public review period will be prepared. These
comments and re~ponses 'l,lr,1l1 be prepared in a separate document and re ... iewed by the City.
A mitigation monitoring matrix will be prepared as an appcndil.: to the Final EIR; it '\\oiU
detail the mitigation measures for significant adverse effects, the responsible implementation
agency, the monitoring phase, the enforcement agency~ and the monitoring agency.
340.89 26 July 15, 1991
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The consultant teJim W"JI send the Administrative Final EIR (AFEIR) 10 the City for review.
After City staffhave reviewed the AFEJR, the consultant learn will incorporate revisions into
the document and publish the Final EIR fot use by the public and decision makers. As \1.;th
the. Draft EIR, the consultant team anticipates re~ipt of a single documc-nt from the dty
containing an requested revisions to the AFEIR. The consultant team will meet with City
staff n necessary to expeditiously resolve issues raised in the re ... iew process.
Products
Thirty copies of the Administrative Flnal EIR will be printed by the con;ultant team and
submitted to the Ci:y of Palo Aho for revie ...
Two hundred oopie.s of the Final EIR ",1] be printed by the consultant and submitted to the
City for circulation.
TASK 7: ATTEND MEETINGS
Objective
The objective of this task is to ensure coordination lNlth the City of Palo Allo, the City of
Menlo Park and Stanford University. and local community groups throughout the ErR
process.
Methydology
We understand the need for a large Dumber of public meetings during and after the tra.E:ic
analysis and throughout the EIR process. The foDolAing public meetlngs with preparation
time bave been budgeted:
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Agency
Technical Stoff
Palo Alto City Cour.cil
Palo Alto Planning ComlIL
Menlo Park City Council
Menlo Park Plarinlng Comm.
27
Meetin~s
6 Two-hour meetings
2 Four-hour meetings
2 Four-hour meetings
2 Four-hour meetings
2 Four-hour meetings
July IS. 1991
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Menlo FOlk Transportation
NeighborOOod Groups
Palo Al:c Bicycle Advisory Comm.
Fublic Hearings
Unassign~d
n
5G •• ~< HilJ Road Scope o( Seroices
1 Four-hour meeting
6 Three-bour meetings.
1 Two-hour meeting
3 Four-hour meetings
5 Four-hour meetings
The six listed meetings with neighborhood gro'Wps will occur at two separate times during the
,tudy process. One set of thr~ meetings w>ll be held early in the study during tile traffic
a;udysis portion (al the end of the third ruonth) so that the description of the allemaUve,
ar,d the preliminary findings of the traffic analysis may be dlscUss.ed. The consultant team
will prepare the presentation and the necessary illustrations and grapt-Jcs, including a design
for a ~ or fl:ye r. The City will arrange for the meeting rooms., provide the prope r
notifications to the public and B,ttend the presentation. ... , The second set of three meetings
will be held approximately six months into the study. The maln topic at these meetings will
be the effects of the project alternathres on the neighborll00ds and the mitigation measures
being proposed. k with the first round of meetings, the consultant team Mll prepare the
presentation and the necessary illustrations and graphk.s., including a design for a notice or
flyer. The City will arrange for tlJe meeting rooms, provide the proper notifications to the
public and attend the presentations.
The consultant team will produce handouts for tile pub!'!c hearings and communHy meetings
and minutes from each roee ting,
TASK 8: PROJECf MANAGEMENT
Obje~tive
Tile objective of 1M tas"k is to ensure coordination of the ErR proces5 and provide strong
project management 10 ensure a comprehensive, legally adequate and oD-schedule ErR.
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Sa," rii'i Road Scope or Services
MethodoloiY
The goa1 oCthe project management will be to anticipate the issues that need te be resolved,
<owmunicate with aD appropriate partie>, and fonow thrcugh to see thaI Ille right things are
done by the right people on time.
A Critical Path Method (CPM) type tool will be used to identify in detail "'hat tasks must
be accomplished and in what s.eGuence. so thai the schedule ca.::1 be maintained.
The project manager along with members. of the consultant team tecwjcaI sta~ as
appropriate, will me-..et with the City on a regular hasis to ensure efficient management and
coordination with the various agencies.. Th~ management meetings will be in addition to
the technica1 staff meetings listed above. On 8l1erage, Lic meetings are expected to occur
biweekly over the COUlR of the EIR pToce~; h~'evei. meetings may occur as often as twice
a ;;.c-ek in the early s.tages of the study.
Products
The coruiultant team will produce meeting notes from each management meetin& identifying
action items, responsibilities and completion dates. Whenever the sehed ule is revised, copies
will be distn"buted to the City and the consuitan I team.
340.89 29 July 15, 1991
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(, . Areheo-Tot&.! &JbtotaI Total
( Task ..!ill:.. ~!! ~ lil!. DB Lobo. Expenses Cost Cost
Task 7 1M 130 28,500 1,100 29,600
SoJbtoW 160 130 0 0 0 28,500 1,lO{) 29,600
Task 8 zoc 1&,717 19,717
&JbtotaI 204 0 0 0 0 1&,117 0 19,717
Admlnlstratlor, U,170
ToW
Project 1,952 1,280 174 106 16 263,O{l: 22,000 $299,777
2 07/U/91
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COMPENSATION SCHEDULE
Principal I
Principal II
Senior Associate I
Senior Associate II
Associate
Senior Professional
Professional I
Professional II
Technician I
Technician /I
Technician III
Mileage is charged at
P hotocopi es are charg ed at
$
$
$
$
$
$
$
$
$
$
$
$
$
EXHUIt C
LOo_
10 So. Lake AYCluc.
s.;,. 000 -CA 'lUll
11I/S6I·13ti:!
fAX.$6!·l~l
150lhour
1151hour
1001h0ur
90lhour
851hour
751hour
70lhour
6OIhour
S5i1lOIJr
45/hour
351hour
.30/mne
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CA 9S81"
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0iNCI caGI {l .... nv.r. rnJak. t/dglng .• utD IWIntU, pri~l!.n;. g~ic: 1'I'\aI&rWs, etc::.J and ~raC'l0( r.., ant 'ub1&a Ie • , 0%
~, ......... dIotV<.
1. 1'hII1IChecI1JIt .. .trectMI f1gm October 1, 1 m, UI s.pta rrbt:r 30, 1 "'. and .ubject to rtYIsJorllMfllaft8>r,
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T!Shni<:W1a \IIl2 Sup!?9!! Ii!IIl Grade A
6
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Cbtn~§rLCAOO Per Hour
HOURLY BILLING RATES
Stamp
$50
5~
50
55
70
75
80
85
90
95
100
lOS
110
'1$
120
125 lao
135
$35
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Prole<;:! expo""" wfII be bltIed .t ~ plus 1 Q ""roBot lOr .eNi~ oncl ~.aMlifll1' ProJe<>l
expeMA lnoIud. Pf~"e(&lGd cents """" as tr.".portatiOo. mneage @ $,30 per mfi ••
o<Jb6l&lence. r.p'oducllon. one! SVbOoInractOf .eMeG •. Each projee! may bo subjoetlo Inltls' &&\
up and ceordinatlon ,.... invoices are due and p~able wllhln 3Q d"'fS .~'" being .ent.
Rat .. lI. oubje<:l 10 change.
noctivo May 1. 1991
L
SAND IDLL ROAD EIR
SCHEDULE
________ Months
Taslcs ___
1. Initial SludIes
2.1. Data RBview
ard CQunta
l.2. Projections
4. Adminls1rafr¥.
D<ailEIR
S. Draft E*R
.. Final EIR
7. Meetings
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o City of Polo Alto", EXHHIT E
Insurance Requirements far Contractors
,'r -----------...,------------------------, 'I CONTRACTOR
COHTRACT CO-<>RCIKATOFI
CONTRACT CESCAIP110N I ,~--------------~~Ao1~~~~~~~~--------------~
~~------------------........ --.. ~~~~~~:=.cc,:~.:c:;~~~cc,~:.~~;:: _. _________ . _____ ..
CONTFLA.CTORS 1'0 THE CjTY OF PALO AllO, /AJ"THE!R SOLE EXPENSE, SHAll OO"'"cAJN AND M~INiAIN rNSURANCE FOR -rHE TEAM
~ i OF THE CCNTRACT. CONTRAC1OAS WILL 8 e: REQU LqED ro PROVIDE A CERTlFiGAT E EVjDENC ING iH E IN SUf'A~CE AND NAMI NG
THE CITY.AS AN ADDITIONAL INSURED
ThE CEFrr'~ Of INSURANCE MUST BE C01\1P'.. ET E a AND EXECUTE D BY ~ A.UTKOR1ZED REP~ES.E~WNE Of' THE COfJPANY
PfiOVlomG INSURANCE. FILED wrrH THE CITY, AND APPROVED BY THE C,jy'S RISK MANAGER 8EFORE THE CONTRACT Will
BE CONSIOEREO COMPLETE AS RESPECTS tNSIJRANCE
THI S INSTRUCT10N SHEET SHOULD BE GIVEN 10 YOu ~ INS IjRANCE AGE N't18 ROKEP WIT" ThE REal) I RED CERTI F~ATE FORM
RETURN THE CQMPLETE"D CERTIFICATE TO THE cln' OF PALO AHa CONTRACTING DEPAFI'T.'oItENT.
THE iNSURAHC! COVERAGES CHECKED BELOW ARE REQUIRED FOR THIS CONTRACT.
COMPREHE.NSrVE otUTOaI09JLE
~ """'""'""
• """'ED
Ol-llRro
.. NON-owNEO
HlOF£$SfOH.tJ. LJABIl1TV INCUJDING'
• EF!Fk..~ AI'IC OIo'lIs..oo,.(JNS
• w .u.PRAI.,.'U llF ,'P?I.ICAEJ..~
• I-IEGUG(N""l" PERF<l~).(AACE
I l AE C".MA:)ES
'!1;E CIT\' COl' PAlO AlTO IS TO 8E NAME!:) "'S AN AaOiTIQ"Al. INSLJ/'tEO
NO WSUUHCE CVITlFJC.tJE ~QUI/'tE[)
A. The Crt;> of P2Jo AI~"" iI5 officefS, age!1't$ .ar~ empl~s "re ~"m~ as "dd,llor ... 1 'r.&~re::l, b 1I1 or.1 y as 10 -,..0.:10: pt! ,forma.::! ulld", col'ltr2llct Sa ,d (;:O"tl', age
as tl;.ihe Crty d Palo Allol, etc., 0$1'121111 be p!'1rT'!i'i.")' ~ge, wlll10~ olfsel against Crtls e~I!io'!r:-!; Ir.~uriL'~1!' .. "d al"ll' O1her Insurance c.a.,....e~ by tr,e C,tr
beIng ftXC.eS$ insuran<:e only.
B WI'1~ the ~ ~ ;rad"lng, ?;a."'i~g, lIIr.:a,.'3.tin.~: d~iWf\g, Qr C(her ur:dergrotJr.d worll., L"c poolic~ ~nclude5 d€'&tru,::',O': of wires, conoVls: pl,:'es. r"l<t,"S
en alhef similar proparty or "r1J' apparatus r" connectlOJ1 Ihli'rewlll> pelow the s",rfa[;.E!' aI' me grounc I/Io'hel"el o .... ,., .. d !;l~ tr.: rC' par!lf!s o! the City o( POliO;:, Alto
C W1'1ers!he IKlIk irMlNa& exc.a\l<llmg. collapse co"""rag'!l i& pro.'ided i~ me amOL.n~.s atx:Ne
o The po~C) w,cludes • "~rabint, of In~""I!5t·· prol'is,<:,n
E Oed"~ ~ $S.OOO,OOO must bE' ind"lcated and IUl! subject to approval
F .• s~ por~.,. c.aneel~ 01' e:ha."Ig!!'(! (!luring the ~rjod of cOVii'rage as s:.a!ed hereill i" .ouch a manner as to a~ect e'1:s Certll.catE. I:1lrtl' (3OJ Cays
'WT'it\e!1 notU wiT! be mruled !D the C;tt 01 Palo AJto, RIsk Mallager. PO &c~ 10250, Palo ~I(), Ca:IIO"IIla S4:3{l3,.. •
G Thtl lability 'If'IlRJr8!1C& p.Ji'ICY locludEl's a conl"actual l'Iablilty enCO~T"1eT'!\ ;.rovidin~ ,II:O'.l"rarl\;1!-cove'ag~ 10'! cor.'Iac\o:'S .. g'e .. m~T'1\ tc-incemr-i1)' 'ttle CIt)
K. The eoveragoa afforOed under the pon-:.es i& slJtjed to a!f I~e ttlrms of !hE;! por'cies desjgl'.~ed he-relll ar~ "',eEl'ts all !tel' provisions called rt.'r Mre r.
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AFFlpr~TIVE ACTION S~LINES
~. r~E·A'ARD PrlASE OF CONTAACT:
1. IQ addition to the Certificate of Nordiscrimination
rcqujrcu \0 be filed under Section 2~30.D90 of the Palo Alto
Municip .. .d Code (hereinafter "PAMC t ), the bidder shall complete
a questionnaire furnished by the City setting forth tbe affirma
tive 3~t!on5 the bidder has tlken OT will take to:
'L Rp~ruit minorities in its location l for all le ..... els of
jobs~
h. Select methods assuring equal employment opportur.ity
for all peTsons.
c. [stabl ish a -training pTQgram for ne .... ' hires where
npcessaTY to aSSUre ample opportunity for the less
qualified to mOTe fully qualify.
d. Frovide adequate opportunity for upgrading and fUTther
training to assure equal opportunity in advancement
and promotion .
C. Provide counselini service for all who may need help
to advance, especially newer employees.
f. Educate supervisors regarding nondiscrimination prActices.
Z. tn addition to f~rnishing the completed questionnaiTe l"" J J C'J fa r under 1. above, each bidder for a const ruct ion or S f'r
'HCl' pr'Jjt'ct .ithin the City shall submit the follo"'ing informatian
tnr hi~~s~lf and subcontractors. This information shall constitute
the (.i lld ing contractor I 5 Minority Employment Program {here inaft€ T
·'''fT'",.
3. The estimated total number by job classification of
personnel who shall be used by the contr3ctor and each
s~bcontractor in performance of the contract. These
nurnhers shall include the estimated ~reakdo~n of
minorltles to be used in each classification. To the
best extent pOSSible the contractor shall estimate the
minority breakdown by month for the life fo the contract.
~o estimate furnished under this subparagraph shall be
c~nstrued or enforced as a hiTing quota.
b. In preparini these estimates it is expected the bidder
.ill take, or agree to take, these additional steps to
3~sure affirmative 'action in the field of minority
employment:
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RCCTl.liti~ for needed help in the 10\ .. 15) ~U'as
inhabited by minority members. including open
advertising and use of various established publlC
3nd private ag~ncies. (Lists and adyi~c furnlshtd
I->y thC" T':Jlo ,Uta llult.;Jn Relations Council {h':TCl.n
.Jftl'r PMlill<ll.
l'Tainin~ those less qualified to asswr~ aJ~~u~t~
promotional opportunities for all ..
rroviding necessary counseling for upgradini.
including use of outside training faciliti~s 10
this area. (Lists available from the PJ\J1RC.)
Assi~nin& an Equal Employment Opportunity (kED)
coordinator fulltime or as additional duty and
assuring that all supervisors are ~~aTe of their
responsibilities and that union representatives
retognite their responsibilities in the equal
employment pTogr~m.
(5j Assuring that all subcontractors aTe in compliance
with the federal and California state la~s and
regulations relatin, to ncndiscri~i~ation.
(0) ),neTe the contract is of sufficient duration,
assuring development of apprenticeship programs
with union cooperation.
(7) Upon request. fUTnishing the City a copy of the
latest FedeTal Form EEO-l. or equivalent form~
(~) Providing the nam~ and address of all suppliers
~hose supplies and/or equipment exceed 5~ of the
total sup~ly cost fOT each contract and subcontract
for the peTfor~ance of the contract.
c. ~ny bidder not submitting an ~EP shall not he d~fjned
as a "resporlsib!e bidder" and his bid" ~hall re di~
reiarded in the manner now prescribed by the City.
d. The City Manager "'ill analyte the MEP submitted 0)· f'ac.h
bidding contractor ~ith the objective of detf'Tmining
••
if the progTam submitted by the contTactor fer himself
and his subcontractors presents a reasonable effoTt to
further minoTity ~mplcyment.
If the City Manager has questions about a pal"ticulaT
bidderls proposal, he may address such questio~s to
the bidder. The City Manager ~ill be available to
ans~eT questions relative to the guidelines and to
advise those seeking assistance of resources kno~n to
him. He shall not be responsible fOT the service or
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lack of service rendered by the reSOurces reco~~ended,
nor shall he be responsible for de~eloping an MEP for
any bidder, or to seTve as I recruiter fOT any bidder.
Bidders shall be allo~ed to revise their MEP ~fter
consicer&.tion~ If: biddeys "'lt1'ldTllIo' their ~i:r fOT
reviSion, their revised progr&m must be r~submitted by
a date ~hich shall be established by the City Manager.
Bidders failing to have: their revised !-ftP submitted
by the established date shall not be classified as a
responsible bidder.
The City Manager, pursuant to the guidelines, shall ~ake
a decision as to the responsibility of tach bidder.
S. A~ARD PHASE OF CO~rRAC1 ,
Upon a~aTd of the contract by the City, the recipient's MEP
"hich has been approved: and accepted by the (i ty I shall be an
integral part of the contract and subject to Section 2.30.093.of
the r~~c. No contractor shall be deemed in mate!ial breach of
contract under PA~C Section 2.30.D~3 when he has made a reasonable
and substantial effort to co~ply ~ith the MEP.
C. POST·AWARD PHASE OF CONTRACT:
1. The contractor shall post in conspicuous places~ avail-
able to employees and applicants fOT employment, notices to be
prOVided, setting forth the law prohibiting discrimination and
advising anyone who feels he is being discriminated against to
advise the FEPC.
2. The contractor shall make wTitten progress reports on
the performance of his MEP at intervals established by the City
Manager. The contractor, ho-we\~er~ is encouraged to submit
~rittcn reports as often and ~hen he deeres it rele~ant to his
MH.
3. The City Manaier shall monitor the performance of the
MEP until ~ompletion of the ~ontTact and ~ill report to the
PAHRC on the progress of the c.ontrac:toT in living up tCl his NEP.
4. Any questions of possible breaching of MEr shall be
discussed ~ith the contractor by the City ManageT.
Reference.s
E~~ol~tio", 60. IZII and 4148
Palo A~to M~ni~ipaZ Code 2.30.090
Ordinance 10. 2420
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ENABLING ORDlNANC£ o
CIttlI'NANCE or 'flj£ COl."NCIL OF T)jE CITY OF PALO ",:..ro
AM£NDING THE PALO ALTO ~IC[PAL CODt TO ADD
P~OVIS]OHS ~GARDING N~DISC~lM:HATI~N IN THE ?t~-
l'ORAANCE OF CITY C:ON"l'RACTS
lb. eDy~cil of th. City of P.l~ Alto doe. CFO~IN IS tolloWI,
SECTION 1. ~hat Section 2.3C.O~n of the Pilo ~Jto Municipal
·'.30.090 Low~.t responsible bi~der. In .ddltlon t~ pr1~p.
in d.t~rwi~lng the 'I~we.t responalS1e bidder,' con.l~.r.tion
will be qiven to quality an1 performance of th~ auppl1ea to
~ pY%cha •• a or .erYi~e. provlde~ by the .eller. Crlterll
for deterainin~ low bid ahall in~lude. but net be limited to
~. follO'al in 9:
(l} The Ibi11ty. capaeity .~~ .~ill of the bidder. to
p.rfora the contr.et or provide the au?pliea or Lerviee_
cequired.
Ilj The Ibility of the bidder to provide the lupplies
or I.~ic •• promptly~ or withj~ the time .pecif~e~, ~ithout
delay or interference.
Il) The character, integrity. reputation, jud~nt~
.xperience an~ efficiency or the bidder.
{~} The ~ual~ty of bidd~r's p~rformance Q~ previous
pu~ebas~. Dr contra~ts with the city.
(S~ 'The .1!.bilit7 of the hidder to provide fI. .. tuu ""'ir.~
tenanc., repair parta an4 services for the use of ~he luppli ••
purchased,
(6l CUrrent c~Fliance by the bi~der ~lth federal act.
~nd exeCl,l.t,lve crd.rs lind State of c.li!.Jrni •• t .. tut~. ;ov'i!rr,
~~9 the lubject of nondi5climlnat4o~ in arrlcyment~ prcvid.~
that U'.e city ..anaqer ahall reco9:nize •• prcor of f.cnccmpl~ance
only the final ~ecl.ion •• n~ ordere of thOle r.der .. l and
.tate a9anciea empowered unGer the 1.~ to m.~e auch flndlMql.
(71 C~rtifjc.tion by the bid4er t~at he wlil pursue
an affi~ative COur.e of action al re~uir~d by .fflrmatJVe
action guidelinea provi~ed herei~after rea.onably ~rtalnlM~
to the work of ~he ~ontr.ct and to the n.t~re and ~1ze of hjl
work force. to t!nll.lre that applicants are IOll'i!ht &nl'. eTl'r1rlvl!~ •
• ~ ehat employee I are treated during employment. w~thout
re;ard to their race. eolor~ natl~n41 or19i~ or .Mceltry. or
reHt;ioll,
(a) Under this lectjon, apec1flc ~uJd.liMe~ ~111
be a~opted by C'ounc~l resolution fl~ t1~e to ti~~.
identifying the nsture and 5COp~ or ·.ff~~ative artion'
de~ir~d by tne City.
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all Such gUl~ellnes shall tJ~ ~,i'ld ......... 1Il1able to
all perSO;'lS d~5!.nng t.o loid' ::-,11 CHy tlusi..ncss.-
S£CT:ON 2. !hat Section 2.30.091 be a~d~~ t.o tMe ~alo ~lto
~~1C1pal C04. to read .. s fcllo~s:
-2.l0.091 Cert.o:llcate of tlon~LSC'ril\':in.!lt ion. Each bldder
_hall .. nclose Vlt.:) hU tlld icertd'leate-statl.nq IoIhe-t.her
he .1, C'o.lrrently J.n camp:: i":'lce witM all federal af'u! St.at.e o(
Califorrll." la",s r:overing nond:iscr.i.1'!'.inat.jon in e~ployme!lt, .T'l~
t.h.t be-owl11 pur.ue I!'. atfirmative cou.rse of aC'~ion .s r-eq:'.J1re4
by effi:r;JII .. tive action q-..:i.delir.es all set lorttl Hl Section
2.)O,C90 and resol~tions adopted pursuant there-tc, and that
if e"'"rdec! the co~tract he ,,"'ill not ~ls,:-r1mi!"'.ate ir. the el'.
ployment of al"ly person under U,e C"o:;t.ra("t because of r"ce-,
color, netional oric;!l.n 0[" Ince~tr:l. c,r rl£ ll .. :pon , of 'Iucl'l
porIon. en~ t.hat he ... -:.Jl partlcir'lItoe, if r@qut:'st~d • .11'1 pre
."'.1'4 :revi.", of lUI-qual1ficoi! t10fJS under prDv .. s:.C'ns of thi!l
•• ction. The requireme~ts of tM~S 5~ctl0~ shall apply o~ly
to C"ontr .. c:t .. in eJrce-ss "f fH·1!' tho"sand d':'lll.!"" for serviees
or for. combl"4tion of s~rvjces and aupplies,"
SECTION 3. That Sect.ion 2.30.092 b~ add~d to thJl!' '.10 ~lt~
Municl~l Code to rea~ I. follows:
"2.]0.0'2 Penalties for d~:5-Cl'i",.Jnltio" l.n e-mF!oyment. ~"j
CoCI.-:ltt-"CtQI" ,",ho .. ~e--1our.a H, V"C!At 1,""ln Cf t.F.e tlondlS
crl~1natio~ provisions of t~e Stat~ of Cal1fornia Fair
Employment Practices Act or SlI'llilar pro'lo'isiol"ls of fe:::leral
law or executive order in thr p~rformA"=e or any contract
vith ~he ~ity. tMerrby shall be foun~ in mat~ri.l breach
cf luch contract and the["llupon t.he-cit.y shall ha·,e power
to cancel or suspend the! contra~t. ir. whole or In p&rt.~ or
to 6etluet fror:: 'the .mo!.l1't. paj'abl!!" to .iuc-h coC".trac-to[" the
SWI\ of t"'erl~JI'-(l. .... e dollars (S2S.r)OI fo. E'aci"t ~L"O:-' for pae'/",
eelend.a:r day du["inq whH~b. such r,'r .. orl was d.isCrl.1T.;1'ate.d
aqain~t~ a~ ~~~d~~S far said brc,\ch of c'J~tract. or hoth..
Only • {indl~"l of the !tolt(' of C>llforrlld Feir r.mployT'1ent
PrllC"t.lces CorrJ'llSS10n or the e'1u:'1 ... 1CIH !"rt:lrral a'~en.::y (l.
officer SMAll ccn~tltute £vldcn~~ nf a .1ol~~Jon of CO;'ltract
under thlS sectlC~.·
St:C"TIOIli 4. That Sec;"tl.on 1.30.0") be .. oded to t)';e Pal':) Alto
Munleipal C~de to read as follows;
"2.30.09) Penalt.les (or vlol&tlDn or affl.r-mal.1'.'e -action
prevlsion.. Ar,Ij contrat:to~ 5\;.::ll be found LJ" the elty
~an.g.r to be l.~ VIolation of h.s a~leement to ?u["sue an
affirm .. tive C"o">:[se of act .. on or In vl,:,:'ation of any p[ovi!lion
of t..~"" aff.lrmatlve action qUl.d .. lin'!'s pertau"l\T'lg to t,ili con
tr .. c~ shall be fourld in m~te["ia] b["each cf .~ch contract and
ther~upon thl!' Cl.ty sh!ll h.v~ p)wer t~ c&ncel ~r suspend the
cont1'8ct, In whole or in part. rr tr-, d@t'luct frol!l the amoullt
p.~abJe to such ~ontr.act.c'r thE sum c-! t ... o hundrf'd f1tty
dollars ($250.00) for each cai.>!nJ!ar dal' dU.:r-lr-,g ",Ml.ch the
contract.or J.~ fcund to ~ave beer 11' nonco~pli.nce. as ~am
aqf!" for sale! l>rI!JIII~ll of contrl!;;t. or t'oU1..·
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JECT10N 5.
dlY. tro. t~ d.t. of it_ P4 ••• g ••
INTJtOtIucrO: Marth U. 19"B
''''lED: .Apnl I, 1963
',n!: Al""loold. Bn"'r •. !!H ...... ld. CI.rK, C\)mltoc~. Cooley. Dal. Gl.:hilhH
p~lu::>n. S.,..eth. W"'e .. th·~
IOES I NClfllt
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rili. rer'(~: /:II.-ft ~ • .;" c"'r:':tiere.J" tt ~'r;:~"£
':-PP'ltl':7C""t,'r <J: ... l· c.;;cJ, :-'~,.( ,,:-,'.,;,,1';,
C~"'pl~:(' ,::1; ;t.",:,:;, .~ 'c:~ :ot;"'l'J..'illf'
i" f t r,,':: t,. 3 . I ," c' l I. I • ~ . .'. --!" i:; i.r
''It'Cf.'CT';-' 515Jf"~." ,",r:r:.:;.;1.1 .... F J'~J:_;
REPeR! D7Pf'ZLE Ie:
D;!t'ctor cr FUrC\·"l .... ·''!i: S·.~',i:>:O:-o;
Ci.,.ic Ct:f'ller
lsa Hami 1 ton .ve-nl.l"
~ilo Alto. ta' ifC,lr"l',j 94~1:-'!
Ci rtle One: -if~m~ Contractor
Part
I. fu) 1 niilr,C' abO ;,uhe-ss 01 finl.
'.
~~"'",""'i!.~". of ral·, AltrJ Cor..tr.ct:
Tel e.~}1cnE •. _______ . ____ _
Name of ~eT~0n p~~'£'·!~8 form, or
pell~L t~ CO~t~~!.
__ .________ i-.: t. •
'suh:on"l T,ct~i
CIT otht"I r~,.~~t;rJi LOr-it c:cveT!'!Id -
hy t'tis r~:"':;)~;_
,.;' ... '
1. "",,llTIl' ~ " • l.i •
3. N~mc ann ~dlr~~~ of princi~~J
(, r f /\.. e (~ .. ~'J::\;: ,.: "i.
4. ~.j.lll(· alpl . , .. <'!Y"~:; of paTt:nt
..:'.'e'i,;;;rJ'j~! ~;lj' .i!ted
eel r j'l01':;I:: _ ;.".
~3",~' 2rl~ il~cir~~~ of r'Tjmc
con~r ... Clo· {-:orlp!ete only if
this i~ iI !>ll~:.·ln1.r,].:toT·S
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Sieoature and title of author·
ited repTesentative.
o x ______ _
[late:
l'ITt II
£. "Attach a st.t~ment of your company's roliey on equal errlplc)'~~~t
opportunity to all peIsons ~ithout reeard to ra~e. cretd, C010T.
national origin, or ancestry. and de5~ribe ~hat steps have ~rcn
taken to put this policy into effect.
Part III Circle the proper ans~er
J. Yes So
Yes 1'0
'. Yes Xo
I, Yes ~o
)'es )\'0
fl&ve you informed compa~y officials and TepTesentativ~~
regardine the non-discrimination provisions of Cit} of
Palo Alto Contracts?
Have you examined your company's practices reEardln~ a~. l~r,
ments, layoffs or transfers of your r~plcyee5 fTC~ on' J0~
to another ior evidence of a practice or e~ploymenr p~tt('rn
that might appear to be discriminatory and based upon face,
reli2ion or national origin? Are they non·discriminJt~J'·~
Do you ha.ve educo:;tional or training p.fogram~ SPQr'·::;'""'T{,,j " f.i nanced for the benefit of employ~es or prospect i '.'('
employees?
•• lIo",' many pec'ple parti.cipate in the.Cie prc,~r'JC:~
b. Ho~ many or. minorities?
Does you r help 'a!anted advertising state that fOU aro ,n.
equal opportur.i ty employer?
Are any apprentices obtained from !OUTC~S outside the
employer's 'Work force? If res,·ha .... e you circulate.;! in{.)T::
atien a.bout apprenticeship openings or opportunities tl'
the follo.'ing'!'
Yes Xo
Yes 1'\0
\'es !I< 0
Yes t\o
State Employment Offi,es
~e~spapers or other meii~
High Sc.hools, including those in rnjnOTJty ~J ";'
areas.
Local trade or vocational schools, Inc!I-':lIL:, II,·J_~
'With minQrity group stu~ents.
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. ':'~,:~ :t-\~7~'L: ~ ;;.~ .......... lililla .. ' ... IP.II .. h_""_. ~ ..... ,....,.~
6. Yes No
7. Yes No
B.
Part IV
1. Yes No
2. YE.5 No
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Yes No
Yes No
o
Agencies. e.nd/oT ~n&anilaticn specializing iTi minority
emplClyment.
Frderal or St.ate Apprenticeship represer.t.;Jtl"es.
Who~? __________________________ ___
OtheT~S ________________________ __
If you are a prime contractor, have all subcontractors
,overed by th~se compliance inspection reports been instructed
8S to their contractual obligations relating to the non~
oiscrimination provisions of City of Palo Alto Contracts? Explain: ______________________________________________ ___
Have all recruitment sources been advised that all qualified
applicants ~ill receive consideration for employment ~ithout
regard to race, color, ,reed or national Qrigin?
Identify (names and addresses) the employment agencies.
personnel recruitment org;nizations. newspaper advertising
or other non-union sources from which the company recuits
its personneL
Have you a colle<tive baTgaining agreement • .. :ith a. l.baT 1)nion
or other organization1
If yes~ sFecify the Uoion(s) or organization(s)
Have you advised the labor union and/or worLer organizat-
ion of the company's respons.ibility under the non-rlisc.riw.i'tlat
ion provisions of City contracts?
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Yes No
Yes No
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Approximately "hat percEntage of yO:.lT -l!lIir!"}'Ccs ("r·n'T' J
by union &&l'eelfteJlts are referred b>" or t1ircJ lhrL'iI~IJ It,
unions1
Explain procedure for hiring balance, ___ _
------------------
Does tht company'~ collective bargaining a~rcc~e~t \)r
other contract or understanding ,.dth ii la~Dr Ur,jc'f. ! 1'1
unions) or other worker's organizaticn jncludt' :.t rr<:\ J ~j I)
fOT non-discrimination in emp]oy~ent?
Is ~heTe any labor ynion or ~oTleT's cr~ani~~tio~ F~llc}
'Which pT!'ve-nts you from fulfilling yOUT ohll,eatj'~I'~ I;."_~l'r
the non-discrimination prcYisions of (11y ccrtr:l~t~~ If so. specify. _____________ _
Spec:ify"the trade(s) or craftCs) in"\."olyt'd in n,l~ ~"j!~·I.J:t.
Use this sp;oI'.c:e [or Co:nment on any aTlO;\o.CT<: Y"'l h1\'-' ... ;;_. IlrJ.
~.
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lAC) "t KAK£UP OF UPoa.TI~G UNIT
"'amt' of nrm'-_______________________ Submitte:d by _____________________ . ___ _
Pr~i.·ct ~IMt _____________________________________ ~ ______________ • ______ •
·l~ Pcrman~~t ~k!up of c~mp.~y~
-3-NI"':'1t!,iy rrport ror ___________ 197_ Submit once per mc:"'t.h for d:.Jt -; t i,-.~ of
2'" F: .. tiruotc for project.
!p ~ur(" t<J Inc~;lde-ill e"n"ployees 11"1 fi.rs~ column, not just minorities. ~O~. 1 anc:
.. 1" required to be filled in and 15-.:'tImitte.d .... ith C.oTl.'j>liancE Report.
'tot.1 .11 Asiar. Ameriran I ~: pa r I.. r :
J o~\ C .... TEG(lll.lf.S ,.,10 'ces rcmale !lack Arr,er-ic::a~. I l''HH ar, S:..rT"lIl-.'" ~~
1 I J I 1 , 3 1 I 3 I I 1 1 , J , . ' J -M.a:'1ill:cme-nt j I i I ,
i'rC'feu inn615 ! , ,
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C Jr. ric:: _1 .. 0ff ic e-, ,
F1e~d SUDcn'Ic;["r I 1 , , I
Sk i ll~d -U.SC I I I I I I i 0, J ,~
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Th~' dat_ belo .... should .1so b. include.:! 1ft the .p~.oprla~e c.te2or1es above.
i'ln Jt.>b i , I I Tuinlng i
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I .. Ioihlt~ Collar ,
b. Prr'lrluctir.n I L I --
This ~e?orl ~~~t b~ co~~ieted by ~¢ntr.ct~~ end e.~h I~bcont(.cto~.
The t"["m "S>1"rlish Surnamed" lnclud~. all ?~rsons of Meliliean. F~etto "iea'!'!, ("can, L"tin
A~cric~~ or Spanish ori~1n.
'Report rHll, f'm~lr.yet'_'i ~nrollt'1'j in fO:''!!lll on·tMe~job tr.a1n.lng prn,R.'ra""s.
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