HomeMy WebLinkAbout2020-09-14 City Council Agendas (16)
City of Palo Alto (ID # 11107)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/14/2020
City of Palo Alto Page 1
Summary Title: Contract Award to McGuire Pacific Constructors for General
On-Call Sign Services
Title: Approval of Contract Number C21178263 With McGuire Pacific
Constructors, Not-to-Exceed $130,000, for On-call Residential Preferential
Parking Program (RPP) Signs and Installation
From: City Manager
Lead Department: Transportation Department
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee to
execute on-call contract C21178263 (Attachment A) for an amount not to exceed $130,000 with
McGuire Pacific Constructors, for Residential Preferential Parking Enforcement signage for the
City over a two-year period.
Background
The City actively addresses city-wide parking and transportation challenges using a strategic,
multi-faceted approach focused on parking management, parking supply, and transportation
demand management programs. Parking management strategies have included the
development of a city-wide Residential Preferential Parking (RPP) ordinance.
The RPP program limits non-permit holder parking to two hours during program hours. The RPP
program was the result of a multi-year process that included business and resident stakeholder
engagement with city staff on the development of the program. The program development
included deliberations on enforcement hours, program boundaries, permit prices, and
employee permit allocation. The comprehensive process represents a significant effort to begin
managing neighborhood parking supply. An RPP Ordinance was adopted in December 2014,
with the establishment of RPP districts in the residential areas of Downtown Palo Alto,
Evergreen Park-Mayfield, Southgate, and Old Palo Alto.
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Consistent with Council direction, staff is in the process of awarding an on-call contract
necessary to maintain new and existing RPP signage, including parking sign fabrication,
installation, and maintenance. The immediate need is to resolve an issue with existing signage
that does not effectively communicate a restriction on re-parking in RPP zones to the public.
The issue regarding current signage is that it effectively incentivizes the public to re-park every
two hours, in contradiction with the program design, to avoid having to purchase either an
employee or residential RPP permit. Producing and installing an overlay to resolve this issue is
expected to utilize the entire $130,000 available. If any funds remain after the re-parking
restriction overlays have been completed, McGuire may be asked to provide additional support
in relation to the RPP signage. Additional services may include custom signs, text overlays, pole
extensions, or the like. This report provides an overview of the recommended enforcement
strategy and vendor selection process.
The City of Palo Alto’s Office of Transportation staff developed a Request for Quotes (RFQ) to
receive proposals from firms that could implement the desired parking sign program in a timely
manner for the City. The RFQ did not specify the number of parking signs installed; rather, the
City invited proposers to analyze the RPP Districts and make a proposal based on their
experience with similar services.
Evaluation
As specified in the RFQ, City staff used the following criteria for selection:
• Quality and completeness of the proposal;
• Quality, performance and effectiveness of the solution, goods and/or services to be
provided by the Proposer;
• Cost to the city; and
• Proposer’s compliance with applicable laws, regulations, policies (including City Council
policies), guidelines and orders governing prior or existing contracts performed by the
contractor.
The RFQ was issued in March 2020 and proposals were due on Wednesday, March 25, 2020.
The City received the one (1) response to the RFQ: McGuire Pacific Constructors. Contract
negotiations commenced in June 2020 and were completed on August 17, 2020.
Discussion
McGuire demonstrated a complete understanding of the four (4) RPP districts and experience
installing signage in similar parking programs for other cities. Based on McGuire’s
understanding of the program requirements, level of service proposed and cost, City Staff felt
that McGuire would be the most effective at yielding the type of on-call services, rather than
re-bidding services.
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The Office of Transportation will manage this contract to ensure that the McGuire executes
work order tasks in a timely manner and to the standards of the City.
Community Engagement
The RPP ordinance, which delineates the RPP program parking restrictions, was adopted and
approved by Council in January 2014, in response to increasing concern that non-resident
parking in residential neighborhoods was negatively impacting neighborhood quality of life. City
Council directed staff to develop both a City-wide ordinance establishing uniform procedures
for establishment of RPP districts, and an RPP program design for the first “priority”
neighborhood, which ultimately was identified as the Downtown neighborhoods. Shortly after
the initial launch of the parking program, residents experiencing similar parking impacts were
able to petition for an RPP. The program has since expanded to Evergreen Park-Mayfield,
Southgate, and Old Palo Alto.
The overall outcome of the parking restrictions has dramatically lowered parking intrusion.
Residents have been supportive of the RPP program since its inception.
Timeline
McGuire Pacific Constructors is the incumbent and the transition will be solely administrative.
This new contract will commence October 2020.
Resource Impact
McGuire’s contract amount has been defined not-to-exceed $130,000. The actual work may
cost more or less per work order, depending on the volume of signs needed and how many new
poles, etc. are needed. McGuire will draft work orders for City requests and will be required to
include total compensation for approval. While unit/service rates have not changed due to
COVID-19 impacts, the original terms were adjusted as a result of negotiation. The RFQ
originally stipulated $250,000 over five years, but the term and amount is reduced to provide
opportunity for renegotiation at the end of the contract period. The funding for the two-year
term of this contract is available in the Residential Preferential Parking (RPP) Fund’s (Fund 239)
FY 2021 Adopted Operating Budget.
Policy Implications
Parking Enforcement of the RPP program is consistent with the City’s commitment to promote
enhanced safety and mobility in Palo Alto’s transportation system while protecting resources
and preserving the community's quality of life, and is also consistent with the following
Comprehensive Plan goals:
1. Goal T-5, Policy T-5.1 All new development projects should manage parking
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demand generated by the project, without the use of on-street parking,
consistent with the established parking regulations. As demonstrated parking
demand decreases over time, parking requirements for new construction should
decrease
2. Policy T-5.11: Work to protect residential areas from parking impacts of nearby
businesses and uses, recognizing that fully addressing some existing intrusions
may take time.
3. Goal B-2; Policy B-2.2 Recognize that employers, businesses and neighborhoods
share many values and concerns, including traffic and parking issues and
preserving Palo Alto’s livability, and need to work together with a priority on
neighborhood quality of life.
Environmental Review
The proposed actions are not a project under the California Environmental Quality Act (CEQA).
In the event the proposed actions are deemed a project under CEQA, they are exempt under
CEQA regulation 15301 (Existing Facilities).
Attachments:
Attachment A: C15157271 McGuire Pacific (PDF)
City of Palo Alto General Services Agreement 1 Rev. March 29, 2018
CITY OF PALO ALTO CONTRACT NO. C21178263
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 17th day of August, 2020, by and
between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and MCGUIRE PACIFIC CONSTRUCTORS, a sole proprietor, located at 12500 Locksley
Lane, Auburn, CA 95602, Telephone Number: (530) 888-0527, DIR #1000009016
(“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree
as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”)
described in the Scope of Services, attached at Exhibit A.
Optional On-Call Provision (This provision only applies if checked and only
applies to on-call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and
approved by CITY’s Project Manager. Each Task Order shall be in substantially the
same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager
and shall contain a specific scope of work, a specific schedule of performance and
a specific compensation amount. The total price of all Task Orders issued under
this Agreement shall not exceed the amount of Compensation set forth in Section
5 of this Agreement. CONTRACTOR shall only be compensated for work
performed under an authorized Task Order and CITY may elect, but is not required,
to authorize work up to the maximum compensation amount set forth in Section
5.
2. EXHIBITS. The following exhibits are attached to and made a part of this
Agreement:
“A” - Scope of Services
“A-1” – On-Call Task Order
“B” - Schedule of Performance (Not Applicable)
“C” – Schedule of Fees
“D” - Insurance Requirements
Appendix “A” Claim for Public Contract Code Section 9204 Public Works Projects
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
DocuSign Envelope ID: 5DA89C57-CED5-4E79-83BB-4E3500002357
City of Palo Alto General Services Agreement 2 Rev. March 29, 2018
3. TERM.
The term of this Agreement is from August 3, 2020 to August 2, 2022 inclusive,
subject to the provisions of Sections R and W of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within
the term of this Agreement in a reasonably prompt and timely manner based upon
the circumstances and direction communicated to CONTRACTOR, and if
applicable, in accordance with the schedule set forth in the Schedule of
Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees
to accept as not-to-exceed compensation for the full performance of the Services
and reimbursable expenses, if any:
The total maximum lump sum compensation of One Hundred Thirty
Thousand dollars ($130,000.00).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed
the total maximum compensation set forth above. Any hours worked or services
performed by CONTRACTOR for which payment would result in a total exceeding
the maximum amount of compensation set forth above for performance of the
Services shall be at no cost to CITY.
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the
same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the
commencement of each Additional Term. The lump sum compensation
amount, hourly rates, or fees, whichever is applicable as set forth in section
5 above, shall be adjusted by a percentage equal to the change in the
Consumer Price Index for Urban Wage Earners and Clerical Workers for the
San Francisco-Oakland- San Jose area, published by the United States
Department of Labor Statistics (CPI) which is published most immediately
preceding the commencement of the applicable Additional Term, which
shall be compared with the CPI published most immediately preceding the
commencement date of the then expiring term. Notwithstanding the
foregoing, in no event shall CONTRACTOR’s compensation rates be
increased by an amount exceeding five percent of the rates effective
during the immediately preceding term. Any adjustment to
CONTRACTOR’s compensation rates shall be reflected in a written
amendment to this Agreement.
DocuSign Envelope ID: 5DA89C57-CED5-4E79-83BB-4E3500002357
City of Palo Alto General Services Agreement 3 Rev. March 29, 2018
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of
this Section 7, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or
other public improvement of any kind. Public Contract Code Section 9204
mandates certain claims procedures for Public Works Projects, which are set
forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works
Projects”.
This project is a 9204 Public Works Project and is required to comply with
the claims procedures set forth in Appendix A, attached hereto and
incorporated herein.
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project
Manager is: Mark Hur, Dept.: Office of Transportation, Telephone: (650) 329-
2520. Invoices shall be submitted in arrears for Services performed. Invoices shall
not be submitted more frequently than monthly. Invoices shall provide a detailed
statement of Services performed during the invoice period and are subject to
verification by CITY. CITY shall pay the undisputed amount of invoices within 30
days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of
this Agreement. This Agreement includes and is limited to the terms and
conditions set forth in sections 1 through 8 above, these general terms and
conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise
and qualifications to complete the services described in Section 1 of this
Agreement, entitled “SERVICES,” and that every individual charged with the
performance of the services under this Agreement has sufficient skill and
experience and is duly licensed or certified, to the extent such licensing or
certification is required by law, to perform the Services. CITY expressly relies on
CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted
business practices and performance standards of the industry, including all
federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the
performance of this Agreement, CONTRACTOR and any person employed by
CONTRACTOR shall at all times be considered an independent CONTRACTOR and
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City of Palo Alto General Services Agreement 4 Rev. March 29, 2018
not an agent or employee of CITY. CONTRACTOR shall be responsible for
employing or engaging all persons necessary to complete the work required under
this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any
Services under this Agreement unless CONTRACTOR obtains prior written consent
of CITY. CONTRACTOR shall be solely responsible for directing the work of
approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes,
fees, contributions or charges applicable to the conduct of CONTRACTOR’s
business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services
comply with all applicable federal, state and local laws, ordinances, regulations,
and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all
requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum
Wage), as it may be amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2)
hours of work in a calendar week within the geographic boundaries of the City,
CONTRACTOR shall pay such employees no less than the minimum wage set
forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within
the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR
shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City Manager or designee shall direct, any
damage to public or private property that occurs in connection with
CONTRACTOR’s performance of the Services. CITY may decline to approve and
may withhold payment in whole or in part to such extent as may be necessary to
protect CITY from loss because of defective work not remedied or other damage
to the CITY occurring in connection with CONTRACTOR’s performance of the
Services. CITY shall submit written documentation in support of such withholding
upon CONTRACTOR’s request. When the grounds described above are removed,
payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under
this Agreement shall be performed in a professional and workmanlike manner in
accordance with generally accepted business practices and performance
standards of the industry and the requirements of this Agreement. CONTRACTOR
expressly warrants that all materials, goods and equipment provided by
DocuSign Envelope ID: 5DA89C57-CED5-4E79-83BB-4E3500002357
City of Palo Alto General Services Agreement 5 Rev. March 29, 2018
CONTRACTOR under this Agreement shall be fit for the particular purpose
intended, shall be free from defects, and shall conform to the requirements of this
Agreement. CONTRACTOR agrees to promptly replace or correct any material or
service not in compliance with these warranties, including incomplete, inaccurate,
or defective material or service, at no further cost to CITY. The warranties set
forth in this section shall be in effect for a period of one year from completion of
the Services and shall survive the completion of the Services or termination of this
Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR’s work is completed in a
satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including
copyright interests) developed, collected, assembled, prepared, or caused to be
prepared under this Agreement will become the property of CITY without
restriction or limitation upon their use and will not be made available to any
individual or organization by CONTRACTOR or its subcontractors, if any, without
the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives
to audit, at any reasonable time during the term of this Agreement and for three
(3) years from the date of final payment, CONTRACTOR’s records pertaining to
matters covered by this Agreement. CONTRACTOR agrees to maintain accurate
books and records in accordance with generally accepted accounting principles for
at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights
under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full
force during the term of this Agreement, the insurance coverage described at
Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-
:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk
Manager must approve deductibles and self-insured retentions. In addition, all
policies, endorsements, certificates and/or binders are subject to approval by the
Risk Manager as to form and content. CONTRACTOR shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured under any
general liability or automobile policy. CONTRACTOR shall obtain an endorsement
stating that the insurance is primary coverage and will not be canceled or
materially reduced in coverage or limits until after providing 30 days prior written
notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall
provide certificates of such policies or other evidence of coverage satisfactory to
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City of Palo Alto General Services Agreement 6 Rev. March 29, 2018
the Risk Manager, together with the required endorsements and evidence of
payment of premiums, to CITY concurrently with the execution of this Agreement
and shall throughout the term of this Agreement provide current certificates
evidencing the required insurance coverages and endorsements to the Risk
Manager. CONTRACTOR shall include all subcontractors as insured under its
policies or shall obtain and provide to CITY separate certificates and endorsements
for each subcontractor that meet all the requirements of this section. The
procuring of such required policies of insurance shall not operate to limit
CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation
by the provisions of section N relating to insurance, CONTRACTOR shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and
agents from and against any and all demands, claims, injuries, losses, or liabilities
of any nature, including death or injury to any person, property damage or any
other loss and including without limitation all damages, penalties, fines and
judgments, associated investigation and administrative expenses and defense
costs, including, but not limited to reasonable attorney’s fees, courts costs and
costs of alternative dispute resolution), arising out of, or resulting in any way from
or in connection with the performance of this Agreement. CONTRACTOR’s
obligations under this Section apply regardless of whether or not a liability is
caused or contributed to by any negligent (passive or active) act or omission of
CITY, except that CONTRACTOR shall not be obligated to indemnify for liability
arising from the sole negligence or willful misconduct of CITY. The acceptance of
the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or
termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510,
CONTRACTOR certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation,
housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of
Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement,
certifies that it is aware of the provisions of the Labor Code of the State of Califor-
nia which require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of
that Code, and certifies that it will comply with such provisions, as applicable,
before commencing and during the performance of the Services.
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City of Palo Alto General Services Agreement 7 Rev. March 29, 2018
R. TERMINATION. The City Manager may terminate this Agreement without cause
by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If
CONTRACTOR fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, the City Manager
may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately
discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily
performed up to the effective date of termination. If the termination is for cause,
CITY may deduct from such payment the amount of actual damage, if any,
sustained by CITY due to CONTRACTOR’s failure to perform its material obligations
under this Agreement. Upon termination, CONTRACTOR shall immediately deliver
to the City Manager any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed,
prepared by CONTRACTOR or given to CONTRACTOR, in connection with this
Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors
and assigns to all covenants of this Agreement. This Agreement shall not be
assigned or transferred without the prior written consent of CITY. No
amendments, changes or variations of any kind are authorized without the written
consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants
that it presently has no interest, and will not acquire any interest, direct or
indirect, financial or otherwise, which would conflict in any manner or degree with
the performance of this Agreement. CONTRACTOR further covenants that, in the
performance of this Agreement, it will not employ any person having such an
interest. CONTRACTOR certifies that no CITY officer, employee, or authorized
representative has any financial interest in the business of CONTRACTOR and that
no person associated with CONTRACTOR has any interest, direct or indirect, which
could conflict with the faithful performance of this Agreement. CONTRACTOR
agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws
of the State of California.
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire
agreement between the parties with respect to the services that may be the
subject of this Agreement. Any variance in the exhibits does not affect the validity
of the Agreement and the Agreement itself controls over any conflicting provisions
in the exhibits. This Agreement supersedes all prior agreements, representations,
statements, negotiations and undertakings whether oral or written.
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City of Palo Alto General Services Agreement 8 Rev. March 29, 2018
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the
Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement
will terminate without any penalty (a) at the end of any fiscal year in the event
that funds are not appropriated for the following fiscal year, or (b) at any time
within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This Section
shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Division,
which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal
requirements of CITY’s Zero Waste Program. Zero Waste best practices include
first minimizing and reducing waste; second, reusing waste and third, recycling or
composting waste. In particular, CONTRACTOR shall comply with the following
zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a
personal computer and printer including but not limited to, proposals,
quotes, invoices, reports, and public education materials, shall be double-
sided and printed on a minimum of 30% or greater post-consumer content
paper, unless otherwise approved by CITY’s Project Manager. Any
submitted materials printed by a professional printing company shall be a
minimum of 30% or greater post-consumer material and printed with
vegetable based inks.
• Goods purchased by Contractor on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including, but not
limited to, Extended Producer Responsibility requirements for products
and packaging. A copy of this policy is on file at the Purchasing Division’s
office.
• Reusable/returnable pallets shall be taken back by CONTRCATOR, at no
additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide
documentation from the facility accepting the pallets to verify that pallets
are not being disposed.
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties
represent and warrant that they have the legal capacity and authority to do so on
behalf of their respective legal entities.
Z. PREVAILING WAGES
Contractor is required to pay general prevailing wages as defined in Subchapter
3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
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City of Palo Alto General Services Agreement 9 Rev. March 29, 2018
Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section
1773 of the Labor Code of the State of California, the City Council has obtained
the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of worker
needed to execute the Agreement for this Project from the Director of the
Department of Industrial Relations (“DIR”). Copies of these rates may be obtained
at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide
a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay
the adopted prevailing wage rates as a minimum. Contractor shall comply with
the provisions of all sections, including, but not limited to, Sections 1775, 1776,
1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
AA. DIR REGISTRATION. In regard to any public work construction, alteration,
demolition, repair or maintenance work, CITY will not accept a bid proposal from
or enter into this Agreement with CONTRACTOR without proof that
CONTRACTOR and its listed subcontractors are registered with the California
Department of Industrial Relations (“DIR”) to perform public work, subject to
limited exceptions. City requires CONTRACTOR and its listed subcontractors to
comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor
Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid
proposal, subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any contract for public work, as defined
in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of
the Business and Professions Code or Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work
pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that
CONTRACTOR is required to post all job site notices prescribed by law or
regulation and CONTRACTOR is subject to SB 854-compliance monitoring and
enforcement by DIR.
CITY requires CONTRACTOR and its listed subcontractors to comply with the
requirements of Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
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City of Palo Alto General Services Agreement 10 Rev. March 29, 2018
worker, or other employee employed by, respectively, CONTRACTOR and its
listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and
made available for inspection at all reasonable hours at the principal office of
CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, CONTRACTOR and its listed
subcontractors shall make the certified payroll records available for inspection or
furnished upon request to the project manager within ten (10) days of receipt of
CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR
and its listed subcontractors to submit the certified payroll records to the
project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within
the 10-day period, then CONTRACTOR and its listed subcontractors shall be
subject to a penalty of one hundred dollars ($100.00) per calendar day, or
portion thereof, for each worker, and CITY shall withhold the sum total of
penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed
subcontractors’ payroll records (street address, city and county) at the
commencement of the Project, and also provide notice to the project manager
within five (5) business days of any change of location of those payroll records.
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the
case of any conflict between the terms of this Agreement and the exhibits hereto
or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of
any conflict between the exhibits hereto and CONTRACTOR’s proposal, the
exhibits shall control.
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City of Palo Alto General Services Agreement 11 Rev. March 29, 2018
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO MC GUIRE PACIFIC CONSTRUCTORS
______________________________ By________________________________________ City Manager or Designee Name ____________________________________ Title_______________________________________
Telephone: _______________________________ Approved as to form: ___________________________ City Attorney or Designee
DocuSign Envelope ID: 5DA89C57-CED5-4E79-83BB-4E3500002357
8/17/2020
owner
John Mc Guire, Jr.
530-888-0527
City of Palo Alto General Services Agreement 12 Rev. March 29, 2018
EXHIBIT A SCOPE OF SERVICES
CONTRACTOR to perform on-call standard sign installations in support of a new
or existing Residential Preferential Parking (RPP) districts in Palo Alto. The
scope of work includes fabrication of the RPP signage and the installation of the
signage based on City generated work-orders.
The CITY shall provide CONTRACTOR with a work order-type improvement plan
for RPP sign installation; CONTRACTOR shall provide cost estimates for
completion of the work and complete the work after written authorization to
proceed.
TECHNICAL SPECIFICATIONS
The following types of signage will be required to be manufactured and installed
for the project.
A) Standard Regulatory Parking Signs – Sign Installation onto Existing
Sign Post
The CONTRACTOR shall install parking regulatory sign(s) onto existing
sign posts that require the addition of a riser to accommodate new sign(s).
Addition of a riser shall include the threading of the existing sign post,
installation of a coupling bracket, and pole extension to support the new
sign. The CONTRACTOR shall be responsible for providing all material.
B) Standard Regulatory Parking Signs – Sign & Sign Post Installation
The CONTRACTOR shall install parking regulatory sign(s) onto
CONTRACTOR -furnished and installed sign post. Installation of a new
sign post shall include coordination with U.S.A. Underground, the use of a
core drill with a 6-inch bit to cut through existing concrete, installation of a
new 2-inch sign post, and the use of a Portland cement to secure post and
finishing to grade. Signs shall be installed a minimum of 7-ft from bottom
of sidewalk or existing grade. New sign post installations shall not use any
pole risers to accommodate the new sign installation(s). The contractor
shall be responsible for providing all material.
C) Standard Regulatory Signs – Sign Installation onto Existing Streetlight
The CONTRACTOR shall install city-furnished parking regulatory sign(s)
onto existing street lights, including all required brackets and hardware.
The CONTRACTOR shall be responsible for providing all material.
ADDITIONAL SERVICES
The CITY shall work with the CONTRACTOR to identify a fee schedule for any
additional RPP program signage services (custom signs, overlays, pole
extensions, or the like).
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City of Palo Alto General Services Agreement 13 Rev. March 29, 2018
The CONTRACTOR is required to use similar bracketing material as our actual
signs to ensure compatibility with existing field hardware.
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City of Palo Alto General Services Agreement 14 Rev. March 29, 2018
EXHIBIT “A-1”
GENERAL SERVICES TASK ORDER
Contractor hereby agrees to perform the work detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into the Agreement by this reference. The Contractor shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONTRACTOR 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCEREMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___PHASE___ 6. CITYPROJECTMANAGER’SNAME/DEPARTMENT_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:
WORK TO BE PERFORMED
SCHEDULE OF WORK
BASIS FOR PAYMENT & FEE SCHEDULE
DELIVERABLES
REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ --------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Contractor. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________
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City of Palo Alto General Services Agreement 15 Rev. March 29, 2018
EXHIBIT B
SCHEDULE OF PERFORMANCE (On-Call Services Not Applicable)
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City of Palo Alto General Services Agreement 16 Rev. March 29, 2018
EXHIBIT C SCHEDULE OF FEES
Compensation based upon fee schedule
CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. Task A: Standard Regulatory Parking Signs – Sign Installation onto Existing Sign Post Lump sum cost that includes all labor and materials costs for the installation of one
contractor-furnished 12”x18” standard Regulatory Parking sign onto an existing stand 2-inch galvanized sign post. $495.00 each Task B: Standard Regulatory Parking Signs – Sign & Sign Post Installation
Lump sum cost that includes labor and material costs for installation of one new standard 2-in galvanized sign post and one contractor-furnished 12”x18” regulatory parking sign. $694.00 each Task C: Standard Regulatory Sign – Sign Installation onto Existing Streetlight
Lump sum cost that includes labor and material costs for the installation of one contractor-furnished 12”x18” regulatory parking sign on an existing streetlight. $398.00 each
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City of Palo Alto General Services Agreement 17 Rev. March 29, 2018
EXHIBIT D INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
NO
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
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City of Palo Alto General Services Agreement 18 Rev. March 29, 2018
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303
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Appendix for General Services Agmt 19 February 8, 2017
Appendix “A”
Claims for Public Contract Code Section 9204 Public Works Projects
The provisions of this this Appendix is provided in compliance with Public Contract Code Section 9204;
they provide the exclusive procedures for any claims related to the Services performed under this
Agreement.
1. Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail
or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of,
the Contractor pursuant to the Agreement and payment for which is not otherwise expressly
provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
2. Claim Process.
(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this
Appendix no later than fourteen (14) days following the event or occurrence giving rise to the Claim.
This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its
being deemed waived.
(B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim”
submitted pursuant to this Appendix, and must include reasonable documentation substantiating the
Claim. The Claim must clearly identify and describe the dispute, including relevant references to
applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional
payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and
subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or
the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay
costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time
impacts.
(C) Review. Upon receipt of a Claim in compliance with this Appendix, the City shall conduct a
reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide
the Contractor a written statement identifying what portion of the Claim is disputed and what portion is
undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the
time period provided in this paragraph 2.
(D) If City Council Approval Required. If the City needs approval from the City Council to provide
the Contractor a written statement identifying the disputed portion and the undisputed portion of the
Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension
of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested,
the City shall have up to three days following the next duly publicly noticed meeting of the City Council
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Appendix for General Services Agmt 20 February 8, 2017
after the 45-day period, or extension, expires to provide the Contractor a written statement identifying
the disputed portion and the undisputed portion.
(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and
made within 60 days after the City issues its written statement. If the City fails to issue a written
statement, paragraph 3, below, shall apply.
3. Disputed Claims
(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to
respond to a Claim submitted pursuant to this Appendix within the time prescribed, the Contractor may
demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested,
the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any
portion of the Claim remains in dispute, the City shall provide the Contractor a written statement
identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any
payment due on an undisputed portion of the Claim shall be processed and made within 60 days after
the City issues its written statement.
(B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in
writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the
associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business
days after the disputed portion of the Claim has been identified in writing by the Contractor. If the
parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall
select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear
the fees and costs charged by its respective mediator in connection with the selection of the neutral
mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any
other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an independent third
party or board assists the parties in dispute resolution through negotiation or by issuance of an
evaluation. Any mediation utilized shall conform to the timeframes in this section.
(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation, if any, under Public
Contract Code Section 20104.4 to mediate after litigation has been commenced.
4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within
the time periods described in this Appendix or to otherwise meet the time requirements of this
Appendix shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason
of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements
of this Appendix, shall not constitute an adverse finding with regard to the merits of the Claim or the
responsibility or qualifications of the Contractor.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at
seven (7) percent per annum.
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Appendix for General Services Agmt 21 February 8, 2017
6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor
lacks legal standing to assert a Claim against the City because privity of contract does not exist, the
Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A
subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier
subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor
or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the
Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45
days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to
whether the Contractor presented the claim to the City and, if the Contractor did not present the claim,
provide the subcontractor with a statement of the reasons for not having done so.
7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is
void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may
mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil
action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order,
claim, and dispute resolution procedures and requirements in addition to the provisions of Public
Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise
impair the timeframes and procedures set forth in this section.
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Certificate Of Completion
Envelope Id: 5DA89C57CED54E7983BB4E3500002357 Status: Completed
Subject: Please DocuSign: C21178263 McGuire - revised 081420.pdf
Source Envelope:
Document Pages: 21 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Mimi Nguyen
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Mimi.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
8/14/2020 12:05:56 PM
Holder: Mimi Nguyen
Mimi.Nguyen@CityofPaloAlto.org
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John Mc Guire, Jr.
mpci@jps.net
owner
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Mark Hur
mark.hur@cityofpaloalto.org
Parking Operations Lead
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Nathan Baird
nathan.baird@cityofpaloalto.org
Manager Transportation Planning
COPA
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Elizabeth Egli
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Managment Analyst
City of Palo Alto
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Sarah Wilson
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City of Palo Alto
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