HomeMy WebLinkAbout1997-06-02 City Council (24)City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING
AGENDA DATE:
SUBJECT:
June 2, 1997 CMR:253:97
Approval of Consultant Agreement with Kimley-Horn and
Associates, Inc. for the Traffic Signal Timing Project
¯ This is a request for approval of a consultant agreement with Kimley-Hom and
Associates, Inc. (Kimley-Hom) in the amount of $164,000, for the Traffic Signal Timing
Project.
RECOMMENDATIONS
Staff recommends that Council:
Approve the attached agreement with Kimley-Horn and Associates, Inc., in the
amount of $164,000, to develop traffic signal timing plans for 83 traffic signals
in Palo Alto; and
Authorize .the City Manager, or her designee, to issue change orders, the total
amount of which shall not exceed $15,000.
POLICY IMPLICATIONS
The recommendation of this report is consistent with existing Comprehensive Plan
Transportation Program 17: Make operational and intersectionimprovements to ease
traffic flow on major streets.
EXECUTIVE SUMMARY
The objective of the Traffic Signal Timing Project is to develop new traffic signal
timing plans for 83 traffic signals under Palo Alto’s jurisdiction. The scope of work
includes data collection and analysis, model calibration and application, development
of alternative timing plans at different speeds (posted speed, posted speed plus 5 mph,
prevailing (85th percentile), speed, o ptimurn speed for best progression), general
literature review on the use of signal coordination as a speed control measure, public
CMR:253:97 Page 1 of 3
meetings to disseminate information and gather input regarding preferred plan(s),
implementation and refinement of preferred plan(s), before and after studies, and
report documentation.
The Policy and Services Committee identified this project as one for which it would like
to review the draft scope of work, prior to the start of the consultant selection process.
The Committee reviewed and approved the scope of work on December 10, 1996.
Following the Policy and Services Committee approval, a request for Letters of
Qualification was mailed to 45 consultants (Attachmentl). These firms were identified
from files maintained by the Transportation Division. In addition, an advertisement was
placed in the San Jose Mercury on January 3, 1997 seeking letters of qualification from
interested fh’ms (Attachment 2). Of those 45 finns and some additional inquiries, 16
consulting firms formed 8 consultant teams and responded with Letters of Qualification.
On January 17, 1997 a Request for Proposals (RFP) was mailed to all eight teams. The
proposals were due on February 25, 1997. Five proposals were received. Two teams
chose not to submit proposals, and one team joined with another team in submitting a
proposal. Based on a review of written proposals.by a Project Study Committe (PSC),
all five consultants were selected for oral interviews which were held March 28, 1997.
The PSC was formed to assist with the consultant selection process, and is comprised of
staff from the Utilities Department and the Transportation Division.
The PSC selected Kimley-Horn as its first choice based upon the firm’s understanding
of the project, experience, the makeup team and innovativeness of its proposal, as well
as its public presentation capabilities.
Consultant Agreement
Staff has negotiated an Agreement(Attachment 3) with Kimley-Horn for the Traffic
Signal Timing Project. To allow Kirnley-Horn to begin work soon after the execution
of the agreement, and not delay work until September, an interim agreement, for a cost
of $24,800, was executed with Kimley-Horn to collect 24-hour traffic volumes and
turning volume counts prior to the closing of schools in June. Traffic volume data are
a major factor in timing traffic signals, and to obtain an accurate representation of
traffic volumes it is important to collect the data when schools are in session, since
volumes, are generally lower when schools are closed. The total negotiated price of the
agreement is $188,800 ($24,800 for the interim agreement and $164,000 for this
agreement), plus $15,000 for contingencies.
The table below shows the cost of the work to be done by Kimiey-Hom under both
agreements, as well as the contingencies.
CMR:253:97 Page 2 of 3
Interim Agreement This Agreement Total
Portion of Task 2 $24,800 0 $24,800
Basic Services Plus 0
remainder Task 2 $151,200
Additional Services 0 $12,800
Contingencies
TOTAL
$151,200
$12,800
$15,00o
$203,800
FISCAL IMPACT
Funds for this project are available in the Electric Utility FY 1996-97 Capital
Improvement Program. Up to 88.1 percent of the actual project cost, or a maximum of
$146,279, in federal and State TSM match will be reimbursed to the City’s Electric Fund
for this work. The residual 11~9 percent, or $57,521, will come from budgeted Electric
Utility funds..
ENVIRONMENTAL ASSESSMENT
This project consists of data gathering for the purpose of studying the effects of traffic
signal timing, and is exempt from the provisi’ons of the California Environmental Quality
Act (CEQA) pursuant to Section 15306 of.the CEQA guidelines.
A A ME T
1.Request for Letters of Qualifieati0n
2.Advertisement requesting Letters of Qualification
3.Agreement with Kimley-Horn and Associates, Inc.
Prepared By: Ashok Aggarwal
Department Head Review:
City Manager Approval:
KENNETH R. SCHREIBER
Director of Planning
and Community Environment
EMILY HARRISON
Assistant City Manager
ec: Hin Kung, Caltrans
Anush Nejad, Kimley-Horn and Associates, Inc.
CMR:253:97 Page 3 of 3
December 18, 1996
Subject: Traffic Signal Timing Project
Dear Sir or Madam:
City of Palo Alto
D_ .epa~. t ofPlanning and
Community Environment
ATTACHMENT 1
Transportation Division
We are currently seeking professional services for developing new traffic signal
timing plans for 83 traffic signals, most of which are under the City ofPalo Alto’s
jurisdiction. Your finn is invited to submit a letter of qualifications, if it is
interested in providing services for this project.
Theproject is funded through federal and state funds. The City has adopted a
DBE Program establishing a goal of 25 percent DBE-partieipation, as required by
Caltrans for federally funded projects.
If your firm is interested in providing professional services for this project, please
respond to me in writing by 5:00 p.m. on Monday, January 13, 1997. Mail your
letter to Ashok Aggarwal, City Traffic Engineer, City of Palo Alto, P.O. Box
10250, Palo Alto, CA 94303, or deliver in person to Transportation Division, 250
Hamilton Avenue; sixth floor, Palo Alto, CA. As a minimum, your letter should
include:
1.Relevent experience.
2.Brief description of firm’s capabilities.
3.Familiarity with VMS operation.
4.Firms success with implementation of coordinated traffic timing plans.
5.Information about DBE use.
From the list of respondents, up to ten consultants will be requested to submit
proposals. Based on the proposals, a maximum of seven Consultants will then be
invited for an interview. The consultant will then be selected based upon the
proposal and interview.
If you have any questions in the meantime, please call me at (415) 329-2575.
Sincerely,
ASHOK AGGARWAL, P.E.
City Traffic Engineer
ce: Hin Kung, Caltans
Project Study Committee members
250HamiltonAvenue
P.O.Box 10250
PaloAlto, CA 94303
415.329.2520
415. 329.2299 Fax
E~ARTON-ASCHMAN ASSOCIATES, INC.
I O0 PARK CENTER PLAZA 450
SAN JOSE, CA 95 I I 3
CCS PLANNING AND ENGINEERING
CHWEN SIRIPOCANONT
P.O. BOX 350 I
FREMONT, CA 94538-350 I
DKS ASSOCIATES
1956 WEBSTER ST 300
OAKLAND, CA 946 I 2
FEHR ~ PEERS ASSOCIATES
3685 MT. DIABLO BLVD 200
lAFAYETTE, CA 94549
FEHR ~ PEERS ASSOCIATES
ATTN: JANE BIERSTEDT
150 ALMADEN BLVD 1300
SAN JOSE, CA 95 I I 3
GOODRICH TRAFFIC GROUP
300 TARAVAL 8T
SAN FRANCISCO CA 94 I I 6
JHK & ASSOCIATES ".
BAY BRIDOE OFFICE PLAZA.
BOX 3727
SAN FRANCISCO CA 9z~ I I 9
RKH
978 DESOTO LANE
FOSTER CIT~, CA 94404
KORVE ENGINEERING
180 GRAND AVENUE 955
OAKLAND, CA 946 I 2
TJKM
4637 CHABOT DR 2 I 4
PLEASANTON, CA 94566
MEYER MOHADDES ASSOC
ATTN: LARRY PATrERSON
ONE WATERS PARK DR 2 I 0
SAN IVtATEO, CA 94403-.
WILSON ENGINEERING COMPANY
7Q ZOE STREET 200
SAN FRANCISCO, CA 9z~ 107
BERRYMAN ~ HENIGAR
2420 CAMINO RAMON ~. 202
SAN RAMON, CA 94583-4207
CH2M HILL
ATTENTION: DAVE .VONRUDEN
2107 N ISTST 210
SAN JOSE, CA 9513 I
WILBUR SMITH ASSOCIATES
z~ N 2ND ST 560
SAN JOSE CA 95 I I 3 .
RGM ASSOCIATES
140 MAIN STREET
P.O. Box 177
Los ALTOS, CA 94022
CRAIN AND ASSOCIATES
120 SANTA MARGARITA AVENUE
MENLO PARK, CA 94025
MR. JERRY GOLDBERG
32 FORD STREET
SAN FRANCISCO, CA
MR. MARK BOWMAN
CENTENNIAL CIVIL ENGINEERS
5000 HOPYARD ROAD, SUITE I00
PLEASANTON, CA 94588
RAJAPPAN Ew MEYER . CONSULTING
ENGINEERS
60 S MARKET ST 320
SAN JOSE, CA 95 I I 3
MR. JOHN TORREY
CERTIFIED EARTH M ETRICS
7000 MARINA BOULEVARD
BRISBANE, CA 94005
MR. RICK HITCHELL
86 I LITWlN DRIVE
CONCORD, CA 945 I 8-3426
WAHLER ASSOCIATES
ATTN: LOYCI 8TOCKEY
P.O. Box 100;>3
PALO ALTO, CA 94303
DON TODD ASSOCIATES,, INc.
ATTN: KIM PIPKIN
303 SECOND STREET, SUITE 355
SAN FRANCISCO, CA 94 107
BARRETT CONSULTING GROUP
ATTN: TOM ZIGTERM~N
3000 ALPINE ROAD
MENLO PARK, CA 940;>8
ALPHA ENGINEERING GROUP
ATTN: JODI DURRENT.
394 I N. FREEWAY BLVD ;>80
SACRAMENTO, CA 95834- I 9;>9
KLH-CREM INC., ENGINEERI~
GROUP
ATTN: KENNETH C JOSEPH
I 8;>0 GATEWAY DR I O0
SAN MATEO CA 94404
WILSEY AND HAM
ATTN: FRANK TEDESCO
355 LAKESIDE DRIVE, SUITE 200
FOSTER CITY, CA 94404
DAMES AND MOORE
2 I 01 WEBSTER ST 300
OAKLAND, CA 946 I 2
GAY LAWRENCE PANG
¯PANG ENGINEERS, INC.
P.O. Box ,4;>55
MOUNTAIN VIEW, CA 94040
RALPH J. ALEXANDER
ALEXANDER AND ASSOCIATES
59 I REDWOOD HIGHWAY
IVhLL VALLEY, CA 9494 I
BRIAN KANGAS FOULK
ATTN: DAVE RICHWOOD
98 I RIDDER PARK DR
SAN JOSE, CA gS I 3 I
100
BISSELL AND KARN
ATTN: ARMINTA JENSEN
I O0 N MILPITAS BLVD 160
MILPITAS, CA 95035
NOLTE AND ASSOCIATES
60 S MARKET ST 600
SAN dOSE, CA 95 I I 3
CATHY MERRILL
MERRILL AND ASSOCIATES
249 FRONT STREET
SAN FRANCISCO, CA 94 I I I
HARRIS AND ASSOCIATES
I O0 S. ELLSWORTH ST 9TH FL
SAN MATEO, CA 94407
STEPHEN A. BIGGS
BIGGS CARDOSA ASSOCIATES, INC.
187 I THE ALAMEDA, SUITE 200
SAN JOSE, CA 95 126
HMH INCORPORATED
ATTN: WILLIAM d. WAGNER
P.O. Box611510
SAN JOSE, CA 95 I 6 I - I 5 I 0
KIMLEY-HORN AND ASSOCIATES, INC.
5776 STONERIDGE MALL ROAD "-
PLEASANTON, CA 94588
GEO/RESOURCE CONSULTING; INC.
ATTN: LOUISE VIERRA
505 BEACH STREET
SAN FRANCISCO, CA 94 133
.REIMER ASSOCIATES
ATTN: DAVID C. FREYER
60 I GATEWAY BLD 600
SOUTH SAN FRANCISCO, CA g40B(
DOWLING ASSOCIATES
I~0 GRAND AVENUE, SUITE 995
OAKLAND, CA 94(5 I 2
M u LTITRAN S
ATTN: DAVID H. YAZHARI
1885 THE ALAMEDA, SUITE ;~00
SAN dOSE, CA 95 126
INTEGRATED MARKETING SYSTEMS
444 CAMINO DEL RIO SOUTH
SUITE II0
SAN DIEGO, CA 92108
CHEC CONSULTANTS, INC.
ATTN: ED SPEER
P.O. Box 8397
PITTSBURG CA 94565
PROOF OF PUBLICATION
750 RIDDER PARK DRIVE
SAN JOSE, CALIFORNIA 95190
ATTACHMENT 2
RECEIVED
IN THE
CITY OF SAN JOSE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
JAN o 9 1996
DIVISION Or
TRANSPORTA
................... .E.~J~ D....&,L~Q ...CA.,.9.4,3.0 3 ..............................................................
, ........................................................
N o.,, .8...5...4..2..:;, .L. ...........................................
STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA~ as.
: .~ TRAFFIC SI(~NAL.’r]M]NG PROJEC’T~EOUF,.ST FOR LETTERS OF OUALIF]CAT[ON ’’~- ,:-~,;. ClTYOFPALO.:ALTO :;.,,: ’ ..,. ,,
:~:~1’he ;City.of’Pal0 Alto.is ~eektng:professional services to develop new traffic signal
timing plan~.~for ~83 traffic:signals. If yourfinn is interested0:send a-letter of qualifica;tions. to Ashok ~Aggarw&l,.-City. ..Traffic-Engineer, .City of Palo ~Mto0 .p.O. Box 40250,Paio Alto, C/(.94303, bye5:00 p.m., Moni:la’];~ :
~ S ,The p_rojee~ is funded through fedenilstate funds. City h~s adopted a DBE Program
establishing a goal Of 25% DBE participation,as required by Cahrans for~fed-erally [unded,projects. AS a minimum; your responseshould include: . ! - ’ :
1. Relevant experience : ... 2. Brief descnpuon of firm
~. ~- t:3. Familiarity.with V.MS operatign,: :: ~: 4. Firm’s Si]~’impl.ementine .-i . ’
~::! ~-~ :.c~o~ rdinated traffic f!.mi,’:n.~.p.... If ,you hax;~ ,quesfiofi~,:" ~.~11 ;4sh0k "Agga~w:al at’~41 ~)’ 329-2575;!~.": (,.~
,January 3,.1997 ~:::, .-"~ ~, -. ~’~; .,~. ;~~ ~8542rL
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
KIMLEY-HORN AND ASSOCIATES, INC.
FOR TRAFFIC CONSULTING SERVICES
ATTACHMENT 3"~
This Contract No.is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California i"CITY"), and
KIMLEY-HORN AND ASSOCIATES, INC~, (Taxpayer Identification Number
56-08-85615) a North Carolina corporation, located at 5776
Stoneridge Mall Road,Suite #180,Pleasanton,CA 94588
("CONTRACTOR").
RECITALS:
WHEREAS, CITY desires certain traffic consulting services
("Services"), as~ more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONTRACTOR, including its
employees, if any, in providing the Services by reason of. its
qualifications and experience in performing such Services, and
CONTRACTOR has offered.to provide the Services on the terms and in
the manner set forth herein;
NOW, THEREFORE,. in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
I.i This Contract will commence on the date of its
execution by CITY. The obligation of CONTRACTOR to perform the
Services will commence in accordance with the time schedule set
forth in Exhibit "A". In the event that the Services are not
completed within the specified time schedule on account of
CONTRACTOR’s default, CITY’s City Manager will have the option of
¯ extending the time schedule for any period of time.
SECTION 2.
CONTRACTOR
0UALIFICATIONS,STATUS,AND DUTIES. OF
2.1 CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONTRACTOR further represents and warrants
that the project director and every individual charged with the
performance of the Services under this Contract are duly licensed
or certified by the State of California, to the extent such
licensing or certification is required by law to perform the
Services.
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to be
furnished, the Services.
970528 la~ 0031557
2.3 CONTRACTOR will assign An~sh Nejad, P.E. as the
project director to have supervisory ~responsibility for the
performance, progress, and execution of the Services. If
circumstances or conditions subsequent to the execution of this
Contract cause the substitution of the project director for any
reason, the appointment of a substitute project director.will be
subject to the prior written ~approval of the Project Manager.
2.4 CONTRACTOR represents and warrants that it will:
2:4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Services;
2.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract, any materials’hsed’ in CONTRACTOR’s
performance under this Contract, or the performance of the
Services;
2.4.3 At all times observe and comply With, and cause
its employees and contractors (and consultants), if any, who are
assigned to the performance of this Contract to observe and comply
with, the laws, ordinances, regulations, orders and decrees
mentioned above; and
2.4,.4 Report immediately to the Project Manager, in
writing, any discrepancy or inconsistency it discovers in the laws,
ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawings, specifications or provisions of
this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and will .not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without~ the
prior written approval of the CityManager.
2.6 CONTRACTOR will provide CITY with the number.of
copies, as specified in Exhibit "A", of the final report or other
documents, if any, which may be required under this Contract, upon
completion and acceptance of each document by CITY.
2.7 If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will provide such additional copies and
CITY will compensate CONTRACTOR for its duplication costs.
2.8 CONTRACTOR will be responsible for employing or
engaging all persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
970528 lac: 0031557
2
and supervised by CONTRACTOR, which will ~e responsible for their
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or contractor will be discharged immediately from further
performance under this Contract on demand of the Project Manager.
SECTION 3. DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit "~’ and such other
information regarding’ its requirements as may be reasonably
requested by CONTRACTOR.
3.2 The City~ Manager will represent CITY for all
purposes under this Contract. Marvin 0verway is designated as the
Project Manager for the City Manager. The Project Manager will
supervise the performance, progress, and execution’of the Services,
and will be assisted by Ashok Aggarwal, the Project Engineer.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manner.
SECTION 4 COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR a total sum not
to exceed One Hundred Sixty-Four Thousand Dollars ($164,000),
including any authorized reimbursable expenses, payable within
thirty (30) days of submission by CONTRACTOR of its itemized
billings, in triplicate, in accordance with the fee schedule set
forth in Exhibit "A".
4.2 CITY may order substantial changes in the scope or
character of the Services described in Exhibit "A", either
decreasing or increasing the amount of work required of CONTRACTOR.
In the event that such changes are ordered, subject to the approval
of CITY’s City Council, as may be required, CONTRACTOR will be
entitled to full compensation for all work performed prior to
CONTRACTOR’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions’of this Contract. CITY will not be’
liable for the cost or payment of.any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONTRACTOR commences
the performance of any such change in work.
970528 la~ 0031557
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4.3 Cost Principles. Notwithstahding anything herein to
the contrary, Federal Acquisition Regulations in 48 CFR Part 31
shall be used to determine the allowable cost for individual items.
SECTION 5.AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years thereafter, CONTRACTOR’s records pertaining to matters
covered by ~this Contract. CONTRACTOR further agrees to maintain
and retain ’such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6.INDEMNITY
6.1 CONTRACTOR agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents from any and all demands, claims, br Viability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONTRACTOR in the
performance of or’ failure to perform its obligations under this
Contract.
SECTION 7.WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract, or of the provisions of any ordinance or law, will not be
deemed to be a waiver of any other term, covenant,~ condition,
provisions, .ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights.under this Contract.
SECTION 8 INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will
obtain and maintain, in full force and effect during theterm of
this Contract, the insurance coverage described in Exhibit "B"
insuring not only CONTRACTOR and its contractors, if any, butalso,
with the exception of workers’ compensation, employer’s liability,
and professional liability insurance, naming CITY as an additional
insured concerning CONTRACTOR’s performance under this Contract.
970528 1~ 0031557
4
8.2 All insurance coverage .required hereunder will be
provided through carriers with Best’s KeyRating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all contractors of CONTRACTOR
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
8.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s Risk Manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
CITY’s City Clerk thirty (30) days’ prior written notice of such
cancellation.or alteration, and that the Cityof Palo Alto is named
as ah additional insured ~except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the City
Clerk.
8.4 The procuring of such required policy or policies of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONTRACTOR will.be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION 9.WORKERS; COMPENSATION ¯
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California 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 the performance of the Services.
SECTION I0.
SERVICES
TERMINATION OR SUSPENSION OF CONTRACT OR
i0.i The City Manager may suspend the performance of the
Services, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR
will immediately discontinue its performance of the Services.
10.2 CONTRACTOR may terminate this Contract or ~suspend
its performance of the Services by giving thirty (30) days’ prior
970528 I~ 0031557
5
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdrawsits request for the initiation
or continuation of the Services to be performed..
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid foz the Services actually rendered to CITY
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY will be obligated to
compensate CONTRACTOR only for~that portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the City Manager acting in the reasonable exercise
of her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the City Manager immediately any and all copies of
studies, sketches,.drawings, computations, and other data, whether
¯ or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure .of CITY to agree with CONTRACTOR’s
independent findings, conclusions,or recommendations, if the same
are~called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the.part
of CONTRACTOR to fulfill its obligations under this Contract.
SECTION ii.ASSIGNMENT
ii.I This Contract is. for the personal services of
CONTRACTOR, therefore, CONTRACTOR will not assign, transfer,
convey, or otherwise dispose of this Contractor any right, title
or interest in or to the.same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the City Manager will be
void and, at’the option of the City Manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12.NOTICES
12.1 All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONTRACTOR: Attention of the Project Directo~
at the address of CONTRACTOR recited above
9705281~ 0031557
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SECTION 13.CONFLICT OF INTERES~
13.1 In accepting this Contract, 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 the
Services.
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having~such an interest. CONTRACTOR certifies that no
person who has or will have any financial interest under this
Contract is an officer or employee of CITY; this provision will be
interpreted in accordance with the applicable provisions of the
Palo Alto Municipal Code and the Government Code of the State of
California.
13.3 CONTRACTOR warrants that it ’has ~ot employed or
retained any company or person, other than a bona fide employee
working for CONTRACTOR, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or
resulting from the award or formation of this Agreement. For
breach or violation of this warranty, CITY shall have the right to
annul this Agreement without liability, or at its discretion to
deduct from the Agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee. CONTRACTOR has executed
the federal "Certification of Consultant" form, which isattached
as Exhibit "D".
SECTION 14.NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of any person under
this Contract~ because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "C".
14.2 CONTRACTOR agrees that each contract for services
with an independent provider will contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
970528 lao 0031557
7
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that.
CName of Provider] will not discriminate in
t~e employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
14.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the.power to
cancel or.suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of contract% or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
14.4 If CONTRACTOR is in default of the nondiscrimination
provisions of this Contract or the Affirmative Action Guidelines
pertaining to this~Contract, CONTRACTOR will be found in material
breach of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
from the amount payable to CONTRACTOR the sum of two hundred fifty
dollars ($250) for each calendar day during which CONTRACTOR is not
in compliance with this provision as damages for breach of
contract, or both.
SECTION 15.MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled persons. CONTRACTOR will comply with or ensure by its
advice that compliance with such provisions will be effected in the
performance of this Contract.
15.1.1 In order to meet City’s goals for DBE
participation on City projects, Consultant shall provide the
following information: (i) names of DBE subcontractors and
suppliers; (ii) a description of the work each DBE participant is
to perform.or material to be furnished and the dollar value of each
DBE subactivity; and (iii) a report itemizing participation by
ethnicity and sex; and will be required to meet the minimum goal of
25%.DBE participatign by certified DBE firms.
15.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
970528 iac: 0031557
8
15.3 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
15.5 This document represents the entire and integrated
agreement .between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document.may be amended only by a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants" and conditions.
15.7 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be, of the parties.
15.8 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisionsof this Contract
and any amendments thereto will remain in full force and effect.
15.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
15.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11 This Contract is. subject to the fiscal provisions
of the Charter~of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate wfthout 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 Contract are no longer
available. This Section 15.11 shall~take precedence in the event
of a conflict with any other covenant, term, condition, or
provision of this Contract.
970528 la~ 0031557
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IN WITNESS WHEREOF, the parties hireto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED
KIMLEY-HORN ~ ASSOCIAte, S, INC.
Taxpayer’s I.D: No. 56-08-85615
City Manager
Director of Planning and
Community Environment
Acting Director of
Administrative Services
Risk Manager
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF SERVICES, TIME SCHEDULE
AND FEE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
FEDERAL"CERTIFICATION OF CONSULTANT"
FORM
970528 iac 0031557
10
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code S 1189)
STATE OF ~/;’~; ~)
) SS.
COUNTY OF ~ ~/e~W )
On ~/ Z9 ,1997, before me, ~LviV t~. /~’[;,~ ,
a Notary Publi~ in and for said County and S~ate, personally
appeared ~ A. A/~)~ , personally known to me
or proved to me on th~ basis of satisfactory evidence to be the
person~s0 whose name~ is/,mme subscribed to the within instrument
and acknowledged to me that hei~smT~ executed the same in
his/~4~i2r authorized capacity~$), and that by his/!~~
signature~ on the instrument the person~, or’ the entity upon
behalf of which the person0~ acted, executed the instrument.
WITNESS my hand and official seal.
’ CALIFORNIA
Signature ~ N~tar~)Publ~
970528 I~ 0031557
11
EXHIBIT "A"
SCOPE OF SERVICES
The City of Palo Alto has received a grant from Metropolitan Transportation Commission (MTC) through the
Regional Traffic Signal Operations (RTSOP) program to conduct citywide traffic signal timing study. The
objective of the study is to retime 83 traffic signals for four time periods: AM, midday, PM and off-peak
hours. There are approximately ten corridors within the project area.
The following is the scope of services for the signal retiming project.. Optional tasks, beyond the basic
services, will be provided if requested and authorized by the City.
Kimley-Horn team will submit two (2) bound and one (1) unbound copies of each submittal to the City of Palo
Alto. Additional copies will be submitted, if requested and authorized by the City, on an itemized cost basis.
Kimley-Horn sta~ will attend up to eight (8) staff or Project Study Committee meetings, and" six (6) public
meetings throughout the course of the project.
Task 1 - Kick-Off Meeting
Task 1.1 - Initial Meeting
Kimley-Horn will attend an initial meeting with City staff. The purpose of this meeting is to review scope of
services and f’malize project schedule. With City’s involvement, Kimley-Horn will review the proposed project
approach and deliverables, will set time tables for consultant deliverables, City review periods, scheduling of
implementation and other administrative details.
In addition, this meeting will serve to .discuss specific issues related to data collection process, the number and
types of systems to be considered, floating car study trip planning patterns, and other study procedures.
At this meeting, Kimely-Horn will request data for the signal timing effort that may be available. The
following information will be obtained from the City:
ADT and turning movement counts (for historical analysis)
Signal timing and phase diagrams
VMS TIC fries and data fries
Aerial photos, of the project area
Task 1.2 - Finalize Schedule
Based on input received from the City, Kirnley-Horn will prepare a time-based project schedule, in Microsoft
Project, showing the .anticipated date of project deliverables, project approval dates, and regular meetings.
As an on-going project management process, Kimley-Horn will submit monthly status reports to show project
status, expenditures, critical issues, and action items.
Exhibit "A"
Page 1 of 12
Deliverables:
1.Project schedule in Microsoft Project Management with deliverable dates.
Task 2 - Data Collection
Task 2.1 - Traffic Counts
Kimley-Horn will collect 24-hour hose counts, with 15 minute drop intervals’, at critical locations along the
project corridor. Kimley-Horn will collect thirty five (35) daily 2-directional traffic counts. Traffic counts will
be collected for seven (7) continuous days to establish the.daily and weekend traffic patterns.
Turning movement counts will be collected for each study intersection (83 intersections) for AM peak, midday
peak, PM peak, and. off-peak hours (8 hours total), with 15 minute drop intervals. In addition, pedestrian and
bicycle volumes will be counted as a part of the count program. Traffic counts will be collected on a Tuesday,
Wednesday or Thursday or as agreed upon by the City. Traffic counts will n6t be collected on holidays, during
abnormal weather conditions, on school breaks or during periods of construction. BayMetrics will provide
all traffic counts.
Traffic counts will be reviewed by a senior staff member to ensure the numbers are reasonable. The data .will
be summarized for each peak hour condition and will be displayed graphically on hourly basis.
For each study intersection, we will calculate the Design Hourly Volume (DHV) for each study period. The
method to develop the design hourly volume will be reviewed with City. In the past, we have computed the
DHV by multiplying the highest tA hour volume within the peak hour by two, or we have applied the computed
peak hour factor to the peak hour volume.
Task 2.2 - Before Travel Time Study
Travel time studies will be conducted in each study corridor (approximately ten corridors) during AM,
midday, PM, and off peak periods. We will use Global Positioning Satellite System (GPS) to conduct the travel
time studies. In addition to the standard travel time results, the.use of.GPS equipment has proven to be more
effective to graphically show the travel condition in the corridor. (The use of GPS will depend on radio
receptions in the area).
A minimum of six separate travel time studies in each direction will be conducted along each corridor for the
peak periods described earlier. We will compute the average speed and delay at each intersection in the study
corridor and show the results in a graphical format. We will check the statistically validity of the sample size
to ensure enough survey data has been collected.
The travel time study results will be summarized and will be submitted as a part of Signal Timing Strategy
Report.
Task 2.3 - Field Review and Data Collection
Kimley-Horn will conduct a field review of existing conditions to observe traffic patterns and to develop a
good understanding of existing traffic conditions. Field review will be conducted during, weekdays during each
Page 2 of 12
of the study periods by the senior staff who will be developing the signal timing models. Additional field
information will be collected to assist with the signal timing study. This information includes:
Existing lane geometry and physical roadway features
Other roadway conditions, such as parking condition, bus stop locations, truck traffic volumes, etc.
which affect signal timing considerations
Saturation flow rates for typical and atypical movements
Early release times for typical and atypical intersections
Initial loss times for typical and atypical intersections
Green extension times
Representative flow profile for critical intersections
Travel speeds for corridor and between intersections
Queue lengths for selected critical links
A special form will:be used to calculated each of these parameters for each intersection in the study corridor.
This information will be used for the model calibration and final optimization runs.
Task 2.4 - Link/Node Diagram
Kimley-Horn will prepare a link-node diagram for each system including schematic of the intersections
showing the current geometry, link length, and signal phasing will be prepared. The link-node diagram .will
be prepared in AutoCAD and will be provided on ll"x17" formats.
Deliverables:
Traffic Count Report - A three-ring binder containing raw 24 hour traffic counts, turning movement
counts for study intersections, peak hour summary traffic counts, graphical charts showing hourly
volume fluctuations, lane configuration diagram, photo-log for each intersection approach.
Link-Node diagrams on 11"x17" AutoCAD drawings for each system.
Task 3 - Model Calibration
Kimley-Horn will perform model calibration for Transyt 7F software. Calibration consists of verifying the
input data and adjusting the model parameters so that the Transyt 7F simulation output reasonably matches the
observed conditions in the network. We propose to use Synchro as the pre-processor for the Transyt 7F
model.
The following are the common steps taken will be taken in the calibration process:
Degrees of saturation for typical movements will be compared with the existing conditions. Volumes,
.saturation flow rates, lost times or signal timing data, as applicable, will be adjusted to achieve a
reasonable match.
Maximum queue length will be checked against actual field data for typical movements. Saturation
flow rates, initial loss times or signal timing data, as applicable, will be adjusted to achieve a
reasonable match.
Page 3 of 12
Predicted average delay (sec/veh) will. be compared with the fieid data for representative through and
left-turn movements. Model predicted average speeds will b~ checked for the entire network versus
the field measurementsl Substantial difference between measured and predicated delays and travel
times indicates input errors or invalid assumptions. Data input for saturation flow rates, initial loss
times and signal timing data will be checked.
Platoon Dispersion Factor (PDF) will checked by comparing a representative intersection’s measured
flow profile versus the predicted flow profile. The PDF will be increased or decreased based on the
peaking characteristics of the flow profiles.
Steps taken in model calibration will be summarized into a technical memorandum and will be submitted to
the City.
Deliverable:
1.Calibration Technical Memorandtlm
Task 4 - Signal Timing Strategy Evaluation
Task 4.1 - Establish Signal Timing Guidelines
Kimley-Horn will attend a meeting with Project Study Committee to discuss the elements associated with
signal timing. The meeting will serve to begin the process to seek public input on signal timing approach. Some
of the topics that can be discussed include City’s perspective on signal timing, system options, fixed timing
versus actuated timing, one-way versus two way operation, phase seqtience options (use of lead/lag), free
operation, pedestrian timing considerations, cross street delay tolerances, ~bandwidth vs. delay objectives, and
other common signal timing features.
Task 4.2 - Prepare Basis of Signal Timing Report
Kimley-Horn will summarize the Project Study Committee meeting in a memorandum which will serve as the
basis for the signal timing effort.
Task 4. 3 - Review Signal Timing Strategies
Kimley-Horn will review existing signal operation to recommend initial signal timing strategies, This will be
accomplished by considering City objectives and signal timing guidelines. Using the Synchro model, Kimley-
Horn will study signal timing strategies for selected corridors. Kimley-Horn will also review which
intersections in the corridor should be .coordinated during different time periods. This will be accomplished
by conducting a coordinabilty analysis. Kimley-Horn will review if certain intersections in the corridor should
be set on "free" operation during certain time periods.
Those signal timing strategies that cannot be modeled will be discussed qualitatively. The following are the
signal timing strategies that will be evaluated on selected corridors:
fixed time operation
actuated operation
Page 4 of 12
one-way progression
two-way progression
recall to red on main street
protected left-turn phasing
protected-permissive operation
phase sequence alternation (use of lead/lags)
free operation (coordinability)
critical intersections (exclusion/inclusion in the coordinated system)
Task 4.4 - Speed Related Coordination Research
Kimley-Hom will conduct a general research on the use of signal coordination as a speed control measure. The
research will include a general literature review and discussions with various senior staff members in other
Kimley-Hom offices.
Task4.5- Trailblazer/CMS Application Analysis
Kimley-Horn will review, at a conceptual level, application of trailblazer or CMS signs for progression and
speed related message system. The trailblazer application will be reviewed in relation to the following issues:
Static control - Where the coordination speed is provided to the motorist though standard speed related "
signs or for more emphasis an illuminated sign.
Dynamic control - Where the coordination speed displays may change due to pre-established speed
coordination factors during the day or during weekends.
Dynamic adaptive control - Where the coordination speed displays may change based on actual fidd
conditions to alter speed parameters. This system may utilize loop detectors to sample real-time speeds,
and if necessary modify timings to.adapt the motorists to a different speed, to improve coordination or
alter driving speed. The control will utilize both a traffic adaptive and traffic responsive elements.
Task 4.-6 - WWV Clocks Specifications
Kimley-Horn will prepare specifications for WWV clock for implementation at City Hall and at intersection
where coordination is required between City’s system and other agency’s signals.
Task 4. 7- Prepare Signal Timing Strategy Report
Kimley-Horn will summarize findings and will prepare a Signal Timing Strategy Report. The report will
discuss initial signal timing strategy evaluations, list of constraints, existing traffic flow characteristics,
opportunities for signal timing enchantments, initial recommendations, research on signal timing and speed
issues, and trailblazer application issues.
Task 4.8- Project Study Committee Meeting
Kimley-Horn will meet with the Project Study Committee to review f’mdings and to receive input from the -
committee members on final alternative to use for comparative analysis.
Page 5 of 12
Deliverables:
1.Signal Timing Strategy Report, including results of the travel time .survey.
2.Specification for WWV clocks.
Task 5 - Alternative Analysis
Task 5.1. - Transyt 7F modeling
Based upon the selected strategies from Task 4, Kimley-Horn will conduct alternative optimization analysis
using Transyt-7F model for a combination of four time periods, four speed conditions, and different
delay/progression factors - a total of up to 32 alternative analysis for each corridor. The following parameters
will be considered :for each alternative analysis:
Time period
t AM peak period
¯Midday peak period
o PM peak period
o Off-peak period
Speed parameter
¯Speed limit
¯Speed limit plus five miles per hour
¯Prevailing speed
¯Optimum progression speed (to be established)
Delay/Progression parameter
Progression Opportunity (PROS)
Disutility Index (DI)
Combination of PROS and DI (PROS/DI or PROS +DI)
Task 5.3 - Time-Space Diagram for Optimized Timing
’ Kimley-Horn will prepare time-space diagrams using the Synchro program for submittal to the City.
Task 5.4 - Quality Control/Quality Assurance Review
Once all of the initial Transyt 7F model runs are complete, Dowling Associates will provide an internal
quality control review. The team will ask critical questions from our task leaders and will compare the
study process with the Signal Timing Guideline Report to ensure compliance with City’s objectives. If any
questionable information, wrong assumptions, or invalid approach is found, model runs will be further
reviewed. ~’
Page 6 of 12
Task 5.5 - Draft Signal Timing Report
Oncethe Transyt 7F model runs are completed, the results will be summarized into a draft Signal Timing
Report. The draft signal timing report will include discussions on each" alternative, summary of critical
performance measures, relevant timing information, and narrative discussion on alternatives.
Task 5.6- Project Study Committee Meeting
Kimley-Horn will meet with the Project Study Committee to discuss draft signal timing report and to
receive input regarding the various timing plans.
Task 5.7 - Final Signal Timing Report
Based on input from the Project Study Committee, Kimley-Horn will finalize optimization runs and time-
space diagrams, and prepare the Final Signal Timing Report, including up to 32 timing plans for each
corridor.
Task 5.8 - TraI’Netsim Outputs
In addition to the signal timing.analysis, Kimley-Horn will develop and provide to the City, TrafNetsim
model outputs, as a part of standard output of the Synchro Program. Trat’Netsim is a simulation model .that
can show the traffic flow along various corridors for each alternative, including flow characteristics,
backups, queuing, etc.
Optional Task 5.8 ’ Alternative Analysis for Fixed Signal Timing and One-Way Progression Options
If required and authorized .by the City, Kimley-Hom will conduct altemative analysis for four speed
conditions and two delay/progression factors using fixed signal.timing operation and one-way progression
for five (5) selected corridors.
Deliverables:
1.Draft Signal Timing Report
2.Final Signal Timing Report
Task 6 - Selection of Preferred Alternative
The task will involve review and presentation of findings at various public, Policy and Services
Committee, Planning Commission and City Council meetings. The purpose of this task is select the f’mal
alternative for implementation.
Kimley-Horn will attend and support the City at five public meetings during this phase of the project. The
following are the anticipated meetings:
Page 7 ~f 12
o
8.
o
Two Public Meetings
One Policy and Services Committee Meeting
One Planning Commission Meeting
One City Council Meeting
Deliverable:
1.Attendance at five public meetings
Task 7 - Implementation and Fine Tuning
Task 7.1 - Prepare Timing Sheets
Based on the sel~ted final alternative by the City, Kimley-Horn will prepare the timing plans for four time
periods for implementation by City staff. The final timing data will be converted to VMS format by
Kimley-i-Iorn for input by City staff.
Task 7. 2 - Field Review, Evaluation & Fine Tuning
Kimley-Horn will participate with City staff to fine tune the timing based on field conditions. Fine tuni~n, g
will involve an evaluation of system performance to ensure safety and identify possible changes to improve
overall performance. Fine-tuning will involve an evaluation of the signal timing parameters, including:
Splits:Splits will be examined to ensure adequate time is provided for all movements,
including pedestrian and bicyclists. Typically, split intervals for side street and
minor movements should be checked to ensure adequate time is provided to
avoid adverse queuing problems.
Cycle:
Offsets:
Cycle length will be evaluated to ensue sufficient time is allowed for all
intervals, and that the cycle length is not too-long to create adverse queuing
problems.
Offsets will be evaluated to ensure the implemented offsets are at the proper time
during the cycle countdown. Typically, with fully actuated operation, the
beginning of green interval varies based on the early release time. Field
evaluation of the offsets will involve recording the actual start of green interval
versus the programmed offset times..
Fine-tuning and field evaluation will be conducted by Anush Nejad and Ron Freeman. We have allocated
120 hours for fine-turning and implementation work.
The following steps will be taken during the f’me-tuning process:
Each corridor will be driven to measure the general performance of the system.
For critical intersections in the system, queuing conditions and split times will be checked to
ensure adequate and practical timing are used. Over-saturated movements will be identified.
Page 8 of 12
Offset times will be reviewed for each intersection. A6tual offset time (relative to the master
clock) will be recorded. Typically, with fully actuated signals the offsets vary due to early release
time, especially for non-saturated corridors. We will note when the actual offset time occurs
during the cycle countdown.
We will note any unusual conditions, such as phase skips that may occur as a result of too much
pedestrian demand.
Once, fine’turning parameters have been identified, Kimley-Horn will review the steps with the City prior
to implementing any changes. Any planned change will be done in assbeiation with City staff.
Deliverable:
Participation during the f’me-tuning process and recommendations regardingtiming changes.
¯ Task 8 - Post Evaluation
Task 8.1 - Finalize ~Transyt 7F Simulation Runs
Once the final timing plans have been implemented and fine-tuned, Kimley-Horn will re-enter the final
timing parameters into Transyt 7F to calculate the f’mal performance measures. This will also update the
model to allow City to modify the fries for future considerations. . The measures of effectiveness will
include total travel time, total delay, total stops, fuel emissions, and average speed.
Task 8. 2 - After travel time study
A final "after study" will be conducted to field measure the improvements in system performance. A
separate .floating car studies will be’ conducted for each system to measure the system performance.
Again, we propose to use the GPS equipment to keep a running measure of the travel time speeds. A
minimum of six floating car studies will be conducted in each corridor,
We will also conduct a statistical analysis to check the significance of the results. Statistical analysis will
include calculating the mean, standard deviation and the median for the travel time study results.
Task 8. 3 - Draft Project Report
The results of the study will be documented and will be summarized into an executive report. This report
will be adequate for compliance with the RTSOP grant requirements. Project Report will summarize all
of the steps in the project, including summary of the "before" and "after" measures of effectiveness and
floating car study.
Task .8. 4 - Project Study Committee Meeting
if needed, Kimley-Horn will meet with the Project Study Committee to review the draft report prior to
finalizing the report.
Page 9 of 12
Task 8.5 - Final Project Report
Once the report is reviewed and approved, the final report will be sub.mitted to the City.
Deliverables:
Draft Project Report - Executive report summarizing for all signal groups documenting study
procedures, steps taken in signal timing and implementation, summary of measures of
performance for each signal groups, and recommendations.
Final Project Report
Final Transyt-7F fries .in electronic file format.
Page i0 of 12
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page II of 12
page 12 of 12
EXHIBIT B
32207
KIMLEY-HORN &ASSOC.,ZNC
P. O. BOX 33068
RALEIGH,
836G730-7
05/2a/97 ~ED 09:~0 [T~%I I~0 6694| ~!002
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EXHIBIT C
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
City of Palo Alto
Contract Administration
PRE-AWARD PHASE OF CONTRACT
Am In addition to the Certificate of Nondiscrimination required to be filed under
Section 2.30.160 of the Palo Alto Municipal Code (hereinafter "PAMC"), the
Contractor shall complete a questionnaire furnished by the City setting forth
the affirmative actions the Contractor has taken or will take to."
1.Recruit minorities in its location for all levels of jobs.
Select methods assuring equal employment opportunity for all persons.
Establish a training program for new hires where necessary to assure
ample opportunity for the less qualified to more fully qualify.
=
Provide adequate opportunity for upgrading and further training to
assure equal opportunity in advancement and promotion.
Provide counseling service for all who may need help to advance,
especially new employees.
6.Educate supervisors regarding nondiscrimination practices.
Be In addition to furnishing the completed questionnaire called for under (A.)
above, each Contractor for a construction or service project within the City
shall submit the following information for Contractor and each Subcontractor.
This information shall constitute the bidding contractor’s Minority
Employment Program (hereinafter "MEP").
The estimated total number .by job classification of personnel who shall
be used by the Contractor and each Subcontractor in performance of
the contract. These numbers shall include the estimated breakdown
by one month for the life of the contract. No estimate furnished under
this subparagraph shall be construed or enforced as a hiring quota.
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-1
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
In preparing these estimates it is expected the Contractor will take, or
agree to take, these additional steps to assure affirmative action in the
field of minority employment.
Recruiting for needed help in the local areas inhabited by
minority members, including open advertising and use of
various established public and private agencies. [Lists and
advice furnished by the Palo Alto Human Relations Council
(hereinafter "PAHRC")].
Training those less qualified, to assure adequate promotional
opportunities for all.
Providing necessary counseling for upgrading, including use of
outside training facilities in this area, (lists available from the
PAHRC).
eo
Assigning an Equal Employment Opportunity (hereinafter "EEO")
coordinator full time or as additional duty and assuring that all
supervisors are aware of their responsibilities and that union
¯representatives recognize their obligation in the EEO program.
Assuring that all Subcontractors are in compliance with the
federal and California state laws and regulations relating to
nondiscrimination.
Where the contract is of sufficient duration, assuring develop-
ment of apprenticeship programs with union cooperation.
Upon request, furnishing the City a copy of the latest Federal
Form EEO-1, or equivalent form.
Providing the name and address of all suppliers whose supplies
and/or equipment exceed 5% of the total supply cost for each
contract and subcontract for the performance of the contract.
Any Contractor not submitting an MEP shall not be defined as a "responsible
bidder" and his/her Bid shall be disregarded in the manner now prescribed by
the City.
The City Manager, or designate, will analyze the MEP submitted by each ’
Contractor with the objective of determining if the program submitted by the
Contractor for himself and his Subcontractors presents a reasonable effort to
further minority employment.
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-2
AFFIRMATIVE ACTION GUIDELINES
I1.
II1.
SECTION 00820
If the City Manager has questions about a particular Bidder’s proposal, he or
she may address such questions to the Bidder. The City Manager will be
available to answer questions relative to the guidelines and to advise those
seeking assistance of resources known to him/her. He or she shall not be
responsible for the service or lack of service rendered by the resources
recommended, nor shall he/she be responsible for developing an MEB for any
Contractor, or to serve as a recruiter for any Contractor/Subcontractor.
Bidders shall be allowed to revise their MEP after consideration. If Bidders
withdraw their MEP for revision, their revised program must be resubmitted
by a date which shall be established by the City Manager or designate.
Bidders failing to have their revised MEP submitted by the established date
shall not be classified as a responsible Bidder.
A=Upon award of the contract.by the City, the recipient"s MEP which has been
approved and accepted by the City shall be an integral part of the contract
and subject to Section 2.30.093 of the PAMC. No Contractor shall be
deemed in material breach of Contract .under PAMC Section 2.30.093 when
he/she has made a reasonable and substantial effort to comply with the MEP.
POST-AWARD PHASE OF CONTRACT
The Contractor shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided, setting forth the law
prohibiting discrimination and advising anyone who feels he or she is being
discriminated against to advise the FEPC.
The Contractor shall make written progress reports on the performance of his
MEP at intervals established by the City Manager or designate, the
Contractor, however, is encouraged to submit written reports as often and
when he/she deems it relevant to his/her MEP.
The City Manager shall monitor the performance of the MEP until completion
of the contract and will report to the PAHRC on the progress of the
contractor in living up to his MEP.
Do The City Manager shall monitor the performance of the MEP until completion
of the contract and will report to the PAHRC on the progress of the
Contractor in living up to his/her MEP.
Eo Any questions of possible breaching of MEP shall be discussed with the
Contractor by the City Manager.
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-3
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
IV.BEFERENCES. REPORTS. and OTHER INFORMATION
Ao Resolutions No. 4144 and 4148
Palo Alto Municipal Code 2.30.090
Ordinance No. 2420
Do The Contractor will meet, or make good faith efforts to meet, the following
Minority Business Enterprises/Women Business Enterprises/Disabled Veterans
Business Enterprises goals or Contractor’s applicable goals in the award of
every contract for work to be performed under these Provisions:
Minority Business Enterprises - ! 5%
Women Business Enterprises - 5%
Disabled Veterans Business Enterprises- 3%
The City of Palo Alto shall have the sole duty and authority under this
Agreement to determine whether good faith efforts were sufficient.
COMPLIANCE REPORT
Non-Discrimination Provisions of Palo Alto
IMPORTANT
This report must be completed by prime
contractor and each subcontractor.
Complete all items unless otherwise
instructed. Use extra sheets if
necessary. SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO: ’
Project Citywide Timing Project
Name of Firm Kimley-Horn and Assoc
Manager of Purchasing
Civic Center
250 Hamilton Avenue
Palo Alto, CA 94301
Telephone 510-463-5640
Name of person preparing form,
person to contact.
Anush A. Nejad ,Ext.#
Circle One: (~e Contracto’tQ~Subcontractor
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-4
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
Part I Complete the Following:
Description:
1. Full name and address of
firm or other reporting unit
covered by this report.
2. Name and address of
principal official or manager.
3. Name and address of
principal office of company.
4. Name and address of parent
company if affiliated
corporation.
5. Name and address of prime
contractor (complete only if this
is a subcontractor’s report.
6. Signature and title of
authorized representative.
Type or Write in Here:
Kimley-Horn and Associates, Inc.
5776 Stoneridge Mall Rd, Suite 180
Pleasanton, CA 94588
Anush A. Nejad
Same as above
Kimley-Horn and Associates, Inc.
3001Weston Parkway
Cary, ~C 275i3
The Kimley-Horn Group, Inc.
Same as above
TITLE:Area Manager
DATE:5/28/97
Part II--Policy
1.
Information
Attach a statement of your company’s policy on equal employment
opportunity to all persons without regard to race, creed, color, national origin,
or ancestry, and describe what steps have been taken to put this policy into
effect.
Part Ill--Circle
1 Y~No
the Proper Answer.
Have you informed company officials and representatives regarding the non-
discrimination provisions of City of Palo Alto Contracts?
Have you examined your company’s practices regarding assignments, layoffs
or transfers of your employees from one job to another for evidence of a
practice or employment pattern that might appear to be discriminatory and
based upon sex, race, color, ancestry, religion, national origin or disability?
Are they non-discriminatory?
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-5
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
5Y~ No
Do you have educational or training programs sponsored or financed for the
benefit of employees or prospective employees.
a.~ How many people participate in these programs?
b "37 ~.~ How many are minorities?o~
Does your employment advertising state you are an equal opportunity
employer?
Are any apprentices obtained from sources outside the employer’s work
force? If yes, have you circulated information about apprenticeship openings
or opportunities to the following.
Yes
Yes
Yes
@ No
State Employment Offices
Newspapers or other media
High Schools, including those in minority group areas.
Local trade or vocational schools, including those with minority
group students.
Agencies or organizations specializing in minority employment.
Federal or State apprenticeship representatives.
Who?
Others
If you are a prime contractor, have all subcontractors covered by these
compliance inspection reports been instructed as to their contractual
obligations relating to non-discrimination provisions of City of Palo Alto
Contracts?
Explain_
1
Have all recruitment sources been advised that all qualified applicants will
receive consideration for employment without regard tO sex, race, color,
ancestry, religion, national origin, or disability?
Identify (names and addresses) the employment agencies, persbnnel
recruitment organizations, newspaper advertising or other non-union sources
from which the company recruits its personnel.
Part IVmUnion/Crafts Information
1. Yes (~ Have you a collective bargaining agreement with a labor union or other
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-6
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
organization? If yes, specify the Union(s) or organization(s)
~J,/~. 2. Yes No Have you advised the labor union and/or worker organization of the
company’s responsibility under the non-discrimination provisions of City
contracts.
Approximately what percentage of your employees covered by union
agreements are referred by or hired through the unions?
Explain procedure for hiring balance.
~,J~. 4. Yes No
~,~. 5. Yes No
Does the company’s collective bargaining agreement or other contract or
understanding with a labor union (or unions) or other worker’s organization
include a provision for non-discrimination in employment?
Is there any labor union or worker’s organization policy which prevents you
from fulfilling your obligations under the non-discrimination provisions of City
contracts? If so, specify.
Specify the trade(s) or craft(s).involved in this contract.
Use this space for comment on any answers you have supplied.
Note: In compliance with the Americans with Disabilities Act (ADA) of 1990, this document
may be provided in other accessible formats. For information, contact: Fred Herman, ADA
Director, City of Palo Alto (415) 329-2550 (voice) or (415) 328-1199 (TDD).
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-7
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
Name of Firm
Project Name
Contract #.
DATE:
RACIAL MAKEUP OF REPORTING UNIT
5/28/97
Kimley-Horn and Assoc. Submitted by Anush A. Ne~ad
Citywide Timing Project
(Indicate only for monthly report, No. 3)
Three types of breakdown are required. This form is used for all three. (Check--/)
[] ~l-Permanent makeup of company. [] o2-Estimated makeup for this project.
[] -3-Monthly report for . 19~. Submit once per month for duration of project.
~ 1 = Permanent.2 = Estimate for project.
Be sure to include all employees in first column, not just minorities.
required to be filled in and submitted with Compliance Report.
Category =
Management
Professionals
Clerical-Office
Field Supervisor
Skilled - List:
a.
b.
C.
Unskilled - List:
a.
b.
C.
Total of
Above:
The data below
a.White Collar
b.Production
3 = Monthly only.
Nos. 1 and 2 below are
I 2 3 I 2 3
33 !13
47"~79
27~110
1 2 3 1 2 3 1 2 3 1 2 3
1
9 15 !In
18 7 Q
should also be included in the categories above. This is for On Job Training:
This report must be completed by contractor and each subcontractor. The term ,Spanish Surnamed" includes all persons of Mexican, Puerto
Rican, Cuban, Latin American or Spanish origin. Report only employees enrolled in formal on-the-job training programs.
END OF SECTION
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-8
Kimley-Horn
and Associates, Inc,
Kimley-Horn Affirmative Action Poficy
The Affirmative Action Plan for Kimley-Horn and Associates, Inc., is part of an overall equal
employment opportunity program designed to meet the policies and requirements of the company in
the area of equal employment opportunity. This program has been formulated to meet the
requirements of these policies and specific government directives, and to give direction to our
recognition and acceptance of responsibilities in the local and regional areas in which we operate.
"Affirmative Action" is a planned, aggressive, coherent, management program to provide for equal
employment opportunity. It is the policy of Kimley-Horn to operate in a manner assuring that all
persons have equal opportunities in recruitment, selection, appointment, promotion, training,
discipline, and related managerial areas. To eliminate and avoid discrimination against any employee
or applicant for employment, the official policy of the ftrrn is to:
Recruit, hire, train, and promote for all job classifications without regard to race, color, religions and
political affiliations, age, sex, national origin, or physical disability (except where age, sex, or
physical requirements constitute a bona fide occupational qualification necessary to proper and
efficient functioning in the job), or any other non-merit factor.
Base all decisions of employment so as to further the principles of equal employment opportunity.
Decisions will be based solely on individual merit and fitness of applicants and employees related to
the specific jobs and withou~ regard to non-merit factors.
Administer all other personnel actions and privileges of employment including compensation,
benefits, transfers, layoffs, return from layoff, company-sponsored training, education, tuition
assistance, and social and recreational programs without regard to race, color, religious or political
affiliation, sex, age, or national origin.
Kirnley-Hom’s Affirmative Action Plan and EEO program is a comprehensive, results-oriented
program design to achieve equal employment opportunity rather than simply a policy tO assure non-
discrimination. Chairman of the Board, C.E. Viek, personally regards the Plan as-an ongoing
management program requiring periodic re-evaluation. All personnel actions are analyzed prior to
being effeeted and quarterly reports are submitted to Mr. Viek so that he may monitor our progress on
this program.
Containing an analysis of our current employment profile, personnel policies and management
practices, the firm’s Aff’trmative Action Plan, which is available for your review, sets forth goals and
activities which require positive efforts of all personnel. Every employee is required to give full
support to the program. While not a part of Kimley-Horn’s official AtTtrmative Action Policy, the
company’s employment policy also includes provisions for maintaining a working environment free of
unlawful harassment, intimidation, and coercion.
Ms. Mona Christie, our Vice President of Human Resources, has been designated as the firm’s EEO
Coordinator and assigned overall responsibility for the plans’ coordination, implementation, and
direction.
KIMLEY-HORN AND ASSOCIATES, INC.
1997 Affirmative Action Program
March 2~, 1997
TABLE OF CONTENTS
AFFIRMATIVE ACTION COMPLIANCE PROGRAM - 3anuary, 1986
1~hru December, 1996
A.POLICY STATEMENTS
B.DISSEMINATION OF POLICY
C.RESPONSIBILITY FOR IMPLEMENTATION
D.DEFINITIONS
E.STATEMENT ON SEX DISCRIMINATION POSTURE
II.AFFIRMATIVE ACTION COMPLIANCE PLAN FOR MINORITIES AND WOMEN
A,UTILIZATION ANALYSIS
B.GOALS FOR 1997
C.UTILIZATION OF BLACK PROFESSIONAL FIRMS~
CONSULTANTS~ AND SUPPLIERS
D.ANALYSIS OF 1986 GOALS AND RESULTS
E,ANALYSIS OF PROBLEM AREAS
III.AFFIRMATIVE ACTION PLAN FOR THE HANDICAPPED
A.PURPOSE AND SCOPE OF THE PLAN
B.DEFINITIONS
C.POLICY
D.DISSEMINATION OF POLICY
E.ESTABLISHMENT OF RESPONSIBILITY
F.ACTION ORIENTED PROGRAMS
G,INTERNAL AUDITING AND REPORTING
H.ACCOMMODATIONS
IV.AFFIRMATIVE ACTION PLAN FOR VETERANS AND
VETERANS OF THE VIETNAM ERA
A.PURPOSE AND SCOPE OF THE PLAN
B.DEFINITIONS
C.DEVELOPMENT AND EXECUTION OF ACTION ORIENTED
PROGRAMS
D.INTERNAL AUDIT AND REPORTING SYSTEMS
E.ACCOMMODATIONS
POLICY
The Affirmative Action Plan for KimleyoHorn and As.sociates, Inc. is part of an
overall equal employment opportunity program designed to meet the policies and
requirements of the Company in the area of equal employment opportunity. This
program has been formulated to meet the requirements of these policies and
specific government directives and to give direction to our recognition and
acceptance of our responsibilities in the local and regional areas in which we
operate.
"Affirmative Action" is the planned, aggressive, coherent, management program to
provide for equal employment opportunity. It is the policy of Kimley-Horn and
Associates, Inc. to operate in a manner to assure that all persons have equal
opportunities in recruitment, selection, appointment, promotion,, training,
discipline, and related managerial areas. To eliminate and av6id discrimination
against any employee or applicant for employment, the official policy of this
facility is to:
Recruit, hire, train, and promote for all job classifications
without regard to race, color, religious and political affiliations,
age, national origin, or physical disability (except where age, sex,
or physical requirements constitute a bona fide occupational
qualification necessary to proper and efficient functioning in the
job), or any other non-merit factor.
Base all decisions of employment so as to further the principles of
equal employment opportunity. Decisions will be based solely on
individual merit and fitness of applicants and employees related
to the specific jobs and without regard to non-merit factors.
Administer all other personnel actions and privileges of
employment including compensation, benefits~ transfers, layoffs,
return from layoff, .company-sponsored training, education,
tuition assistance and social and recreational programs without
regard to race, color, religious or political affiliation, sex, age, or
national origin.
Kimley-Horn and Associates, Inc. Affirmative Action Plan and EEO program is a
comprehensive, results-oriented program designed to achieve equal employment
opportunity rather than simply a policy to assure non-discrimination. I personally
regard the affirmative action plan as an ongoing management program requiring
periodic evaluation. All personnel ~Ifl’ be analyzed prior to being effecCed
and quarterly reports submitted to me so that I may monitor our progress on this
program.
The 1987 Affirmative Action Plan contains an analysis of Our current employment
profile, personnel policies and management practices and sets forth goaLs and
activities which will require positive efforts of all personnel. It is required that
each and every employee give full support to this program. -
Thomas R. Smith, Director Human Resources, has been designated as the firm’s
EEO Coordinator and assigned overall responsibility for the plan’s coordination,
implementation, and direction and will report directly to the President oi~mley-
Horn and Associa.tes, Inc. .~. ~~
B. DISSEMINATION OF POLICY
Kimley-Horn and Associates, Inc., will continue to provide internal and external
dissemination of Our Equal Employment Opportunity policy to all employees,
applicants for employment, recruitment sources)and others involved in our
personnel, procurement, and contracting activities. Available communication
media will be used to the maximum extent possible to ensure that all concerned
personnel are aware that Kimley-Horn is an Equal Employment Opportunity
Employer.
Internal Dissemination
The Kimley-Horn and Associates, Inc. policy on Equal
Employment Opportunity and the Federal Notice of Equal
Employment Opportunity have been posted on employee
bulletin, boards. The company policy is included in the
employee handbook.
Special meetings are conducted at least annually to explain
intent of the policy,, to reemphasize individual and
collective responsibilities, for established goals and plans.
The attitude of the firm regarding a viable Equal
Employment Opportunity Program is made clear,
Each year, the Equal Employment Opportunity Policy
statement will be made available.
Each new employee will be given a copy of the Equal
Employment Opportunity Policy and the employee handbook
at the time of orientation and employment processing.
External Dissemination
1. Our policy and intention to hire minorities and females on
an equal opportunity basis is reaffirmed to all recruitment
sources on at least an annual basis. Recruitment sources,
which include colleges, secondary and trade schools~
community agencies and leaders~ employees and other local
and regional groups are encouraged to actively recruit and
refer minorities and females for all open positions,
The phrase "Equal Employment Opportunity Employer" is
Included in all advertisements, recruiting literature~ and
wri~en communications with recruiting sources.
An Equal Employment Opportunity clause will continue to
be included in all purchase orders~ leases, contracts~ or
subcontracts.
All subcontractors~ suppliers~ and vendors will be notified in
writing of our Equal Employment Opportunity policy and
will be encouraged to take appropriate action on their part.
Consumer or recruiting advertisements picturing employees
will include minorities, non-minorities~ and females.
C. IMPLEMENTATION
~nrnent of Responsibilities
I.The President of the firm is responsible for the overall direc~ion of the
EEOP and shall maintain surveillance over its implementation.
The Human Resources Director is responsible for the implementation of
the EEOP. To assure the effective implementation of the Program, the
Human Resources Director shall:
bQ
Ce
insure appropriate policies and practices are developed and
implemented to accomplish effectively the objectives of the
Plan
monitor the Plan’s progress and report to the President of
the firm
review status of the EEC~ program, to determine deficiencies
and assess progress toward goals
give, or arrange for, specialized advice and counseling to
supervisors and employees to resolve complaints informally
ee review qualifications of all employees to provide full
opportunities /or upward mobility, including promotions and
transfers
he
Re
provide career counseling for minority, female, handicapped
employees as needed or requested
review all position descriptions and employee specifications
to ensure that all job qualifications are job related
ensure that compliance posters and other pertinent
literature are properly posted and disseminated to
employees
audit hiring recommendations, promotions, upgrades and
personnel actions of all supervisors to ensure remora[ of any
impediments to the attainment of established goals
interface with local community, indus~ia|, scale, federal,
and customer EEO representatives; serve as liaison between
Kimiey-Horn and Associates and enforcement agencies
prepare quarterly reports required by this program and such_
other reports as may be required by other company or
Government agencies
ensure that the amount of compensatiofi offered to an
individual at the time of hire or promotion is not reduced
because of any disability income, pension, or other benefits
the applicant or employee receives from other source(s)
ne
ensure that supervisory personneJ are aware that their work
performance is being evaluated on the basis of their Equal
Opportunity efforts, in addition to other criteria
review progress in relation to established goals and initiate
~olIow=up or corrective action to ensure a viable and
effective plan
OQ encourage full participation il~ company sponsored social and
educational programs
ensure the prevention of harassment of employees placed
through affirmative action efforts
assist line management in arriving at solutions to problems
serve as liaison between Kimley-Horn and Associates, Inc.
and minority organizations, womenls organizations and
community action groups concerned with employment
opportunities of minorities and women
Se design and implement audit and reporting of systems that
will
-indicate need for remedial action
-determine degree to which goals and objectives have¯been obtained
keep management informed of latest developments in the
entire equal opportunity area
All ~ement PersonneI
In order to carry out effectively the specific objectives and spirit of the
Affirmative Action Plans all management personnel are assigned
specific Equal Employment Opportunity responsibilities. The
performance of these responsibilities will be evaluated in annual
performance reviews in addition to the usual performance criteria of
their position. These responsibilities include;
personal compliance with Equal Employment Opportunity
policies and programs
b.participation in the development of organizational and
departmental Equal Opportunity goals
conducting career counseling interviews with all employee~
to provide information of growths advancements
performances etc.
do promoting the opportunities for~ and encouraging
participation in, company sponsored educations training,
eo
hQ
ko
recreational and social’programs, and in community
minority and female oriented activities
assessing and recommending~ where necessary, the degree oY
training which will be required to meet stated goals
evaluating each employee for present job suitability
developing a listing of minority and female employees’ skills
under their immediate supervision for use in matching
individual education, skill and experience against specific
job opportunities in their organization and department
notifying Human Resources of any minority or female
employee who is or will be surplus to the needs of fl~eir
organization
identifying and notifying Human Resources of those
minority and female employees currently qualified for
upgrade or promotion if promotional opportunities are not
currently available in their organization
assuring that promotions~ transfers~ and training
opportunities are accomplished through equitable transfer
and’ upgrade of all employees_ currently on the payroll
consistent with Company equal opportunity policies
promoting participation in recruiting and resourcd
development programs developed by the EEO Coordinator~
and providing advice and recommendations on new and
innovative equal opportunity projects.
Be
D.
D. DEFINITIONS
Affirmative Action Plan
A set of specific and result-oriented procedures to which a contractor is
committed to apply every good-faith effort to effectively implement its EEO
policy.
Executive Order 112#6
Sets forth specific contractual clauses for affirmative action for women and
minorities that must be included in all government contracts or subcontracts
with 50 or more employees and a contract of $50,000 or more to take
affirmative action to employ and advance in employment .qualii~ied women
and minorities.
Revised Order No. #
Sets forth specific instructions f~r the development and execution of a
written affirmative action compliance program plan designed to correct
female and minority deficiencies In the contractorls work force. These are
affirmative action guidelines issued by the Office of Federal Contract
Compliance Programs (OFCCP),
Vocational Rehabilitation Act of 1973
Forbids discrimination in the terms and conditions of employment because of
physical or mental handlcap~ including alcoholism and obesity. In addition,
aside from passive non=discrimination~ the act requires employers to take
affirmative action to recruit~ employ, train and promote handicapped
individuals, specifying that ’*reasonable accommodation" to handicaps must be
made.
Vietnam-Era Veterans Readjustment Assistance Act of 197#
Forbids discrimination in the terms and conditions of employment because of
disabled veteran or Vietnam-era status, In addition, aside from passive non-
discrimination, the act requires employers to take affirmative action to
recruit, employ~ train, and promote covered veterans,
Protected Class
Any group that is co~ered by Federal affirmativ~ action legislation because
of past discrimination. Current protected classes include the following;
Women
Blacks- All persons having origins in any of the black racigl
groups.
Asians/Pacific Islanders =All persons having origins in China,.
3apart, Korea, the Phillipine Islands, Bangladesh, Bhutan, India,
Nepal,- Pakistan, Sikki~t~and Sri Lanka.
Hispanics - All persons of Mexican, Puerto Rican, Cuban, central
or South American, or other Spanish culture or origin, regardless
o:~ race.
American Indian/Alaskan Native - All persons having, origins in
any of the original peoples ol North America.
Persons over ~0.
Handicapped Individuals - All persons who have or are perceived~
to have a physical or mental impairment which substantially
limits one or more of the major life activities°
Disabled Veterans - A person entitled to disability compensation
under laws administered bythe Veterans Administration for
disability rated at 30 percent or more, or a person whose
discharge or release from active duty was for a disability incurred
or aggravated in the line of duty.
Vietnam-Era Veterans - All persons who served on active duty for
a period of more than 180 days, any part of which occurred
between August 5, 196~ and May 7, 1975, and who were released
with other than a dishonorable discharge.
_7_
E. SEX DISCRIMINATION POSTURE
Kimley-Horn and Associates, Inc. strictly adheres to the policy prohibiting
discrimination against any employee or prospective employee on the basis of sex.
All employment opportunities, physical facilities, fringe benefits, training
programs, recreational programs, wages, and promotion opportunities will continue
to be administered in a manner to assure that no discrimination is made between
employees or prospective employees and the basis of sex.
Recruitment and Advertisin~
All advertisements in newspapers or other media will reflect our Equal
Employment Opportunity Employer posture. Female referrals will be
solicited from all recruiting sources. Kimley-Horn’s current positions
could be filled by any qualified female or male.
3oh Policies and Practices
As indicated in the "Policy" Statement contained on pages I and 2 of
this Plan, Kimley-Horn and Associates adheres to the prohibition of
discrimination against any err~Ioyee or prospective employee on the
basis of sex.
o
Employees of both sexes have an equal opportunity to any
available job that they are otherwise qualified to perform.
There are no distinctions based upon sex in employment
opportunities, wages, fringe benefits, hours or other
conditions or employment.
There are no distinctions made between married
unmarried persons of either sex.
or
The company provides appropriate physical facilities for
both sexes.
Female employees are allowed, to work the same-number of
hou’rs~ qualify for and hold any job, and perform any task for
which they are qualified. To our knowledge, there are no
so-called "protective" laws in any of our operating areas
that are in conflict with this Kimley-Horn Policy.
Women are not penalized in their conditions of employment
because of childbearing, and are granted medical leave
privileges to assure this is not a hindrance to full and
meaningful employment.
The Kimley-Horn Retirement and Pension Plans makes no
distinction whatsoever between male or female employees.
All educational and training programs are equally availabte
to members of both sexes and are monitored to ensure that
this policy is being followed.
Progression System
The I<imley-Horn and Associates prof~,ression lines are not based upon
the sex of the incumbent employee.
Do Wa ean Sd alar S stem
The wage and salary system is based on the experience, education and
skill required of each }ob classification in relation to the prevailing area
wages for the particular job. No distinction is made between members
of either sex within a job classification or between organizations
the same classification.
Review of Employment and Promotion Procedures
A comprehensive review of all procedures pertinent to the equal
opportunity program will be made on an annual basis to ensure that
even inadvertent discriminator.y items are eliminated. All persons will
be given an equal opportunity for employment.. Our selection and hiring
procedures’ will not be used to eLiminate any applicant on the basis of
his race, color, religion, national origin, sex, or age, except where sex is
a bona fide occupational qualification. The selection process will be
reviewed on an annual basis to ascertain that established procedures are
being followed. ~]ob descriptions have been developed and verified for
the specific purpose of standardizing the education, experience, and/or
skills required for each job.
E, li~ibility Yor Other Em_ployment Benefits
Participation in programs incidentai to employment with Kimley-Horn
and Associates is, and will continue to be, available to all personnel
regardless o~ rel~ion, sex, ethnic, racial, or place of birth
considerations. Every Kimley-Horn employee has the right to take part
in all company-sponsored recreational activities and training programs,
and to use all company ~acilities on an equal basis with all other
employees. The charters and/or constitutions of all company-sponsored
clubs or activities have, and will continue to be, reviewed to ascertain
that no employee is excluded from participation or membership through
i any practice or rule that is discriminatory. All minority and female
personnel will continue to be urged and invited to participate in all
company-sponsored recreational activities and training programs.
Participation levels will be continuously monitored to determine if any
problem areas exist or develop.
Determination and Monitorin~ of Labor Market
The availability of minorities and females in the local and re.~ionaI
labor areas is an essential element in our equal opportunity program. In
order to determine and monitor the labor market at each company
location, the firm has established liaison with Federal Employment
Security Commission offices in each office location and with various
educational institutions in each location. These organizations will
provide the firm with accurate statistics on the availability of people at
each location.
Other Factors
Kimley-Horn and Associates, Inc., being a support organization for a
varied number of proiect~ for government agencies, is subject to
periodic fluctuations in its work force projection due to changes in
contract staffing requirements. It has been our experience over the
years that the uncertainty of employment stability in government-
funded projects, coupled with the increased demands by consumer-
oriented and educational organizations for professional personnel, has
had a drastic effect on our retention and recruiting efforts. These
factors, in conjunction with the intense regional and national
competition for the comparatively few minority and female talents
available, continue to pose obstacles in at~acting sufficient minority
and female candidates desired. We will continue to do everything
feasible to overcome these obstacles and to meet or exceed our
established goals for minoritie~ and females.
5,
Affirmative Action Goals
for the State of California for 1995-1996
Continue a formal college recruitment program designed to attract minority and female
applicants for professional positions. This includes on-campus interviews scheduled at a
minimum of two major universities in California.
I-fire at least two professionals or technical employees from a minority group during the
year.
I-fire at least two female professional or technical employees during the year.
Participate in at least one minority or female career fair.
Continue to utilize minority-owned and female-owned professional firms, consultants, and
suppliers in the operation of Kimley-Horn’s business activities.
Contract at least $240,000 in calendar yea[. 1995 to minority or female-owned professional
firms, consultants, and suppliers in California.
Continue active participation of our professional staff in community activities to attract
minorities to careers in the engineering and planning professions.
P, AEEO~AAGOAI.S.CA
Progress Report on Affirmative Action Goals
for the State of California 1994-1995
GOAL - Continue a formal college recruitment program designed to attract minority and
female applieants for professional positions. This includes on-campus interviews
scheduled at a minimum of two major universities in California.
PROGRESS - During the period May 1, 1994, through April 30, 1995, Kimley-Hom
recruited at the following:
Harvey Mudd College
San Diego State University
Cal Poly at Pamona
Cal Poly at San Luis Obispo
GOAL - Hire at least three professional or .technical employees from a minority group
during the year..
PROGRESS -During the period May 1, 1994, through April 30, 1995, Kimley-Horn hired
three minority professional employees. Of the active professional employees hired in
California since May 1, 1994, 30 percent are from minority groups.
In addition tothe two minority professionals hired, a minority professirnal has accepted
Kimley-Horn’s offer for employment with an anticipated start date during the summer of
1995.
GOAL - Hire at least three female employees in the professional or technical category
during the year.
PROGRESS - During the period May 1, 1994, through April 30, 1995, Kimley-Horn hired
two women professionals. Of the professional employees hired in California since
May 1, 1994, 25 percent are females.
In addition to hiring new female professionals, Kimley-Hom increased the duties and
responsibilities of a female professional who was hired on a part-time basis in 1993, and
changed her status to full time in 1994.
GOA__I,~ - Participate in at least one minority or female career fair.
PROGRESS - Kimley-Horn participated in a minority recruitment fair at San Diego State
University. _
RAEEO~AAOOALS.CA 2
GOAL - Continue to utilize minority and female-owned professional firms, consultants,
and suppliers in the operation of Kimley-Horn’s business activities.
Contract at least $200,000 in calendar year 1994 to minority or female-owned professional
firms, consultants, and suppfiers.
PROGRESS - During calendar year 1994, Kimley-I-Iorn and its subsidiaries paid over
$260,000 to minority and women-owned firms with California addresses.
GOAL - Continue active participation of our professional staffin community activities to
attract minorities to careers in the engineering and planning professions.
PROGRESS -Kimley-Horn participated in a career-shadowing program for minority
engineering students at San Diego State University.
One of Kimley-Horn’s human resource professionals serves on the advisory board for
MESA (Math, Engineer, Science and Achievement) for minority engineering programs at
San Diego State University.
In addition to these career development activities, one of Kimie~,-ttorn’s professionals
serves as chairperson of the Parks and Recreation Committee for Encintas, which seeks to
provide recreation for at-risk and disadvantaged youth.
Pc~EEOiAAGOALS.CA 3
EXHIBIT
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the //~le~7- /~~- and
duly authorized representative of the firm’~of KIMLEYrHORN AND
ASSOCIATES, INC. ; whose address is 5776 Stoneridge Mall Road, Suite
#180, Pleasanton, CA 94588, and that, except as hereby expressly
stated; neither I nor the above firm that I represent have:
(a) Employed or retained for a commission, percentage,
brokerage, contingent fee, or other Consideration, any firm or
person (other than a bona fide employee working solely for me or
the above consultant) to solicit or secure this agreement; nor
(b) Agreed, as an express~ or implied condition for
obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out the agreement; nor
(c) Paid, or agreed to pay, to any firm, organization or
person (other than a bona fide employee working solely for me or
the above consultant) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring.or
carrying out this agreement.
I acknowledge that this Certificate is to be made
available to the California Department of Transportation (Caltrans)
in connection with this agreement involving participation of
Federal-aid Highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature i
970528 lac 0031558