HomeMy WebLinkAbout1997-11-10 City Council (14)3City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER
NOVEMBER 10, 1997
DEPARTMENT:PUBLIC WORKS
CMR:457:97 ¯
.APPROVAL OF CONSULTANT CONTRACT WITH MEYER,
MOHADDES ASSOCIATES, INC. FOR CONSULTANT
SERVICES FOR TRAFFIC CONTROL SAFETY DEVICES
RECOMMENDATIONS
Staff recommends that Council:
Approve and. authorize the Mayor to execute the attached consultant contract with
Meyer, Mohaddes Associates, Inc. in the amount of $42,000 for consultant services for
Traffic Control Safety Devices.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant contract with MeYer, Mohaddes Associates, Inc. for
related, additional, but unforeseen work which may develop during the project, the total
value of Which shall not exceed $4,000.
POLICY IMPLICATIONS
The award of this contract is consistent with the existing City policies.
DISCUSSION
Project Description
The work to be performed under this contract includes evaluating the safety value of existing
roadside barriers on Alma Street, on East and West Bayshore Roads, and on San Antonio
Road; recommending the most cost-effective way to improve the roadway safety; preparing
construction plans.and Specifications; preparing a construction cost estimate and construction
cost schedule; providing bidding assistance; providing construction management services;
and attending meetings. " ’
Selection Process
Staff sent a Request for Proposals (RFP) to 21 consulting firms on September 22, 1997.
Firms were given 22 days to respond to the request. Three RFPs were returned undelivered
CMR:457:97 Page 1 of 2
and one fn’rn submitted a proposal. Staff Contacted the firms that did not submit proposals.
Reasons cited included: fn’m was too busy to submit a proposal, firm did not have specific
expertise required for the project, firm had no interest in this type of project, RFP was not
received, and firm thought that selection process was based on on price rather than
qualifications. The firm that submitted a proposal is well qualified to perform the work and
is highly motivated to provide engineering services to the City.
A selecti0nadvisory committee consisting of staff from Public Works Operations reviewed
the proposal, and Meyer, Mohaddes Associates, Inc. was invited to participate in an oral
interview on October 21, 1997. The committee carefully reviewed the firms’ qualifications
and submittal in response to the RFP relative to the following criteria: specialized experience
and qualifications of the firm and staff to be assigned to the project, demonstrated
understanding and technical approach to the project, recent experience in the successful
completion of similar projects, completeness and quality of the proposal, and fees relative
to the services to be provided. Meyer, Mohaddes Associates, Inc. was selected because its
proposal and project team presented a comprehensive and precise approach to the successful
completion 0f the project. In both the written proposal and oral presentation, the Meyer,
Mohaddes Associates, Inc. team-demonstrated a strong experience base and understanding
of the project. Inaddition, the proposed level of effort (staffing and estimated hours) and fee
schedule are reasonable for the scope of work.
FISCAL IMPACT
Funds for this project are included in the FY 1996-97 and 1997-98 Capital Improvement
Project 19704 (Traffic ControlSafety Devices) budget.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15301D of the CEQA guidelines and no further environmental review is
necessary.
ATTACHMENT
Agreement
PREPARED BY:~- Michael Jackson, Acting Depute Director, Operations Division
DEPARTMENT. HE~kD.RE.VIEW: .~1~ ]~....~
¯." - "GLENN S. ROBERTS-
Director of Public Works
CITY MANAGER APPROVAL:
rslv,a,~ r~,xroxto,_,~s-~’Y~
Assistant City Manager
CMR:457:97 Page 2 of 2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
MEYER, MOHADDES ASSOCIATES, INC.-
FOR CONSULTING SERVICES
This Contract No.is e~tered into ,
by and between the CITY OF. PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
MEYER, MOHADDES ASSOCIATES, INC., a California corporation,
authorized to do business in California, located at One Waters Park
Drive, Suite 210, San Mateo, California 94403 ("CONSULTANT").
RECITALS.:
WHEREAS, CITY desires certain professional consulting
sez-vices ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
collectively, the "PrQject"), as more fully described in Exhibit "~’; -
and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project 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, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon~
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". Time is of the essence
of this Contract. In the event that the Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
city manager will have the option of extending the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
SECTION 2. SCOPE OF PROJECT;. CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables constituting
the Project, as described in Exhibit "A", will be performed,
delivered or executed by CONSULTANT under the phases of the Basic
Services as described below.
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2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing~ or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will .be entitled to full compensation for all work performed prior
to CONSULTANT’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 ~CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or-ambiguities in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, will be performed by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
CONSULTANT; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
.required of the construction CONSULTANT. The project manager in
the reasonable exercise of his or her discretion will determine
whether.the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
SECTION 3 QUALIFICATIONS, STATus, .... AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents andwarrants that it has theexpertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including..any consultant (including CONSULTANTs),
charged with the performance of the Services 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, and
that the Project will be executed by them or under their
supervision. CONSULTANT will furnish to CITY for approval, prior
to execution of this Contract, a list of all individuals and the
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names of their employers or principals to be employed as
consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign PAUL J. KRUPKA as the
project director to have supervisory~ responsibility for the
performance, progress, and execution of the Project. MATHEWS
ZACHARIAH will be assigned as the project coordinator who will
represent CONSULTANT during the day-to-day work on the Project. If
circumstances or conditions subsequent to the execution of this
Contract cause the subs£itution of the project director or project
coordinator for any reason, the appointment of a substitute project
director or substitute project coordinator will besubject to the
prior written, approval of the project manager.
3.4 CONSULTANT represents and warrants that it will:-
3.4.1 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 Project;
3.4.2 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 and. any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders a~d decrees mentioned above; and
3.4.4 Will report immediately to theproject manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances,.regulations, orders, and~decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will-
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with the specified
number (as defined in Exhibit "A") of any documentswhich are a part
of the Deliverables upon.their completionand acceptance by CITY.
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3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT 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 consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of ~ecord;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "~’ to this Contract.
3.11~CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "~’ and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
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furnished to CONSULTANT at the time of submission of each.phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s failure
to review and approve within the estimated time schedule will not
constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. ROBERT ILE isdesignated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of~the Project,
and will be assisted by JOHN CUNNINGHAM, the project engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT~ CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION -
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed thirty-efght thousand
two hundred sixty-five dollars ($38,265). The amount of
compensation will be calculated in accordance with the hourly rate-
schedule set forth in Exhibit "B", on a time and materials basis,
up to the maximum amount set forth in this Section.
5.1.2~ In consideration of the full performance of
Additional Services, including any authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to exceed three
thousand seven hundred thirty-five dollars ($3,735). The amount of
compensation will be calculated in accordance with.the hourly rate
schedule set forth in Exhibit "B", on a time and materials basis,
up to the maximum-amount set forth in this section.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
prov±ded such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission~ by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or.both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary.on account of
CONSULTANT’s errors, omissions, or oversights.
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5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of engineers, designers, job captains, surveyors,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees, are salaries and
mandatory and customary benefits such-as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.1.5. The fees of the consultants< who have direct
contractual relationships with CONSULTANT, will be approved, in
advance, by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained byCONSULTANT.
5.1.6. The rate schedules contained Sn Exhibit "B" may
be updated by CONSULTANT only once each calendar year, and the rate
schedules will not become effective for purposes of this Contract~
unless and until CONSULTANT gives CITY thirty (30) days’ prior
written notice of the effective date of any revised rate schedule.
5.2 The schedule of payments will be made as follows:
5..2.1 Payment of the Basic Services willbe made in
monthly progress payments in proportion .to the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days of submission, in triplicite, of such
requests if a schedule of payment is not specified. Final payment-
will be .made by CITY after CONSULTANT has submitted all
Deliverables,. including, without limitation, plans, specifications,
and cost opinions which have been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthiy progress payments for services rendered, within
thirty (30) days of submission, i~ triplicate, of such requests.
-5.2.3 No deductions will be made from CONSULTANT’s
comPensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP 0F-RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
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6.2 The originals of the Deliverables prepared by or
the direction of CONSULTANT in the performance of this
~ct will become the property of CITY irrespective of whether
’roject is completed upon CITY’s payment of the amounts
ted to be paid to CONSULTANT. These originals will be
~red to CITY without additional compensation. CITY will have
~ght to utilize any final and incomplete drawings, estimates,
[ications, and any other documents prepared hereunder by
~TANT, but .CONSULTANT disclaims any responsibility or
.ity for any alterations or modifications of such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
harmless CITY, its Council members, officers, employees and
:, from any and all demands, claims, or liability of any
, including death or injury to any person, property damage or
~her loss, caused by or arising out of CONSULTANT’s, its
.rs’, agents’, consultants’, or employees’ negligent acts,
, or omissions, or willful misconduct, or conduct for which
:able law may impose strict liability on CONSULTANT in the
"mance of or failure to perform its obligations under this
ct.
SECTION 8.WAIVERS
8.1 The waiver by either party of any breach or
ion of any covenant, term., condition or provision of this
ct or of the provisions of any Ordinance or law will not be
to be a waiver of any- such covenant, term, condition,
ion, ordinance, or law or of any subsequent breach or
ion of the sameor of any other covenant, term, condition,
ion, ordinance or law. The subsequent acceptance by either
3f any fee or other money which may become due hereunder will
deemed to be a waiver of any preceding breach or violation
other party of any covenant, term, condition or provision of
ontract Or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
~nce by CITY will operate as a waiver on the part of CITY of
its rights under this Contract.
SECTION 9.INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
and maintain, in full force and effect during the term of
ontract, the insurance coverage described in Exhibit "C",
Ig not only CONSULTANT and its .consultants, if any, but also,
he exception of workers’ compensation, employer’s liability
~fessional liability insurance, naming CITY as an additiona!
concerning CONSULTANT’s performance under this Contract.
9.2 All insurance, coverage required hereunder will be
~d through carriers with Best’s Key Ratinq Guide ratings of
higher which are admitted to transact insurance business in
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the State of California. Any and all consultants of CONSULTANT
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.
9.3 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
the CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will b~ kept on
file at all times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT 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 I0. WORKERS’ COMPENSATION
I0.i CONSULTANT, 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 provisfons, as applicable, before
commencing the performance of the Project.
PROJECT
SECTION II -TERMINATION OR SUSPENSION. OF CONTRACT OR
ii.I The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or~ suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
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indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CIT.Y,
CONSULTANT’ will be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has -been suspended for more than 180 days, any change in
CONSULTANT’S compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
susPended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
II~4.2 For approved items of services on which, a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which.bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants,-if any, or given to CONSULTANT or its
consultants, ~if any, in connection with this Contract. Such
materials will become the property of CITY.
11.6 The~ failure of CITY to agree with CONSULTANT’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 CONSULTANT~to fulfill its obligations under this Contract.
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SECTION 12. ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or 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 CITY will be void and, at
the ~option of the city manager, this Contractmay be terminated.
This Contract will not be assignable by operation of law.
SECTION 13.NOTICES
13.1 All notices hereunder will begiven, 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 CONSULTANT: Attention of the. project director
at the address of CONSULTANT recited above
SECTION i4. CONFLICT OF INTEREST
14.1 In accepting this Contraht, CONSULTANT 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.
14.2 CONSULT~_NT further covenants that, in the
performance of this Contract, it~will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one 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 PaloAlto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 °As set forth in the Palo Alto Municipal Code, no
discrimination will.be made in the employment of persons under this
Contract because - of the age, race,~ color, national -origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5/000) or more, CONSULTANT agrees- to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
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15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
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
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate 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
such person."
15.3 If CONSULTANT 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
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."
15.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract or the applicable
Affirmative Action Guidelines pertaining to this Contract,
CONSULTANT will be found in material breach of this Contract.
Thereupon,~ CITY will havethe power to cancel or suspend this
Contract, in whole or in part, or .to deduct from the amount payable
to CONSULTANT the sum of two hundred fifty dollars ($250) for each
calendar day during which CONSULTANT is not in compliance with this
provision as damages for breach of contract, or both.
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal 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. CONSULTANT will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
ii971022 la¢ 0071301
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 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 Californi~a in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the c&se
may be, of the parties.
16.9 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 provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 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.
16.11 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.
16.12 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 without any penalty (a) at the
end of any~fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are .no longer
12
971022 la¢ 0071301
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract. -.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PAL0 ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Public Works Taxpayer’s I.D. No. 95-430-1844
Acting Director of
Administrative Services
Risk Manager
Attachments:EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT & TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
971022 [at 007~301
13
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF CALIFORNIA )
) SSo
COUNTY OF LOS ANGELES )
On October 27, 19571997’ before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
Michael P. Meyer ....., personally known to
me or proved to me on the basis of satisfactory evidence to be the
person(~ whose-name(s) is/ar~ subscribed to the within ,instrument
and acknowledged to me that he/~y executed the same in
his/~r~~ authorized capacity(ies), and that by his/~r
signature(~) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Comm.
Signature of Notary Public
14
971022 lac 0071301
EXHIBIT A
A.General Information
City nf Pain Altn
The Traffic Control Safety Devices Project provides for upgrades and improvements to
antiquated bridge railings and guard railings on Alma Street, on East Bayshore and
West Bayshore Roads, and on San Antonio Road at Highway i01, as well as at several
areas throughout the City. ..
This Request for Proposals is seeking the services of a qualified and experienced firm
to provide the following work: evaluating the safety value of existing roadside barriers,
recommending the most cost effective way to improve the roadway safety, preparing
construction plans and specifications, preparing a conStruction-cost estimate and
construction schedule, providing bidding assistance,-providing construction-
management services, and attending meetings.
B. Scope of Work
in general, the Work of this project consists of the following tasks:
Task 1 The Consultant shall conduct a sitevisit to thoroughly examine existing
conditions at locations listed a. through d..under Task 2.
Task 2.The Consultant shall evaluate the safety value Of the existing roadside
barriers at the following locations:
a. Alma Street, southbound, from Homer Avenue to san Antonio.
Road, excluding overcrossings at Embarcadero Road and Oregon
Expressway, and the undercrossing at San Antonio Road
Alma Street, both sides, at overcrossings of University Avenue,
Embarcadero Road, and Oregon Expressway and at the portion of
¯ the San Antonio Road overcr0ssing structure within the city limit
¯c.On San Antonio Road structure crossing Highway 101
Selected locations at West and East Bayshore Roads:
i. West BayshoreRoad from 100 feet South of Oregon
Expressway along 120 linear feet of existing guardrail.
ii.West Bayshore Road at end of existing freeway soundwa!l
100 feet South of Amarillo Road
iii.West Bayshore Road at existing guardrail at poles on East
side opposite Colorado Road
iv.West Bayshore Road at Matadero Creek
v.West Bayshore Road at Adobe-Barron Creek
vi.East Bayshore Road at Matadero Creek
~ity nf p;dn ~ltn
vii. East Bayshore Road at Adobe-Barron Creek
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Task 9
The Consultant shall make recommendations for removal, upgrading,
replacement, relocation, or construction of barriers based and/or railings
upon the evaluation in Task 2. Recommendations shall also include cost
effective alternatives while achieving a balance between the safety
requirements and economic constraints.
The Consultant shall, basedon the recommendations adopted by the
City, prepare construction documents including drawings, technical
specifications, cost es.timate, and construction schedule.
The Consultant shall attend four (4) meetings: one kick-off meeting
including a visit to verify current site conditions and to identify specific
areas needing attention; two additional meetings during the course of the
project; and a pre bid meeting.
The Consultant shall reproduce and-submit drawings, technical
specifications, cost estimates, construction schedule,-and bidders list to
City staff for review and approval as follows:
30% completion submittal: 5 copies
70% completion submittal 5 copies
95% completion submittal:5 copies
Final submittal: 12 hard copies of all submittals plus the
following additional copies:
.Documents: one copy in WordPerfect 6.1 on
3.5" floppy diskette
SDreadsheets: one copy in Excel 5.0 or Lotus
release 5 On 3.5" floppy d~skette
Drawings: one copy in AutoCAD V12 on 3.5
floppy diskette o
The Consultant shall prepare and conduct a presentation, complete with
appropriate documents (drawings and cost estimates, etc.) to the
Architectural Review Board (ARB) if necessary.
The Consultant shall provide assistance to the City during the
construction contractor bidding process, including preparing the bidders
list, attending one pre-bid meeting, answering bidders’ questions during
the bid period, and preparing addenda as necessary.
The Consultant shall provide services during construction including
City nf Pnln Alfr.
attending 12 progress meetings at the site, answering Requests for
Information and Clarification, reviewing and approving submittals of
materials and products by the contractors.
Traffic Control Safet~ Devices Cit~ of Pal0 Allo
SCI~IEDULE
We concur with the time frame specified in the RFP. Our understanding is that the City desires to complete the
PS&E within a lO0-day schedule. We have available manpower and resources to perform the scope of work and
to complete the project within the schedule shown on the following page.
MeyerLMohaddes Associates I~_9.ne.
Traffic Control Safety Devices
1.PROJECT UNDERSTANDING
The goal of this project is to provide improved roadside traffic control safety devices on several streets
and areas throughout the City of Pale Alto. Specifically, the project.will evaluate existing conditions and
recommend improvements to antiquated bridge railings and guard railings on Alma Street, on East
Bayshore and West Bayshore Roads, and on San Antonio Road at Highway 101, as well as.at several
other areas within the City. Figure 1 shows the approximate work locations.
Our general approach to accomplish the goal of the project is to work closely with City’ staff to
systemically follow the methodology depicted below. We concur with the work elements stated in the
RFP. Detailed scope of work is presented in Section 2.
Evaluate
Existing Roadside
Barriers
Develop
Alternative
Improvement
Treatments
Identify
Most
Cost-effective
,, Alternatlvo~
Prepare PS & E
on City-sele¢tad
Alternative
Improvements
Provide
Construction
_. Assistance
General Approach
Meyer, Mohaddes Associates, Inc.
1
I)RAVN BY, JVC
I)AI[, 9/2/97
CHEC’D BY’,
DATE:
SCALE, ]°=co000’
Indic~±es ~pproxlm~±e work [oc~±ions
TRAFFIC CONTROL SAFETY DEVICES
VI.CINITY HAP
City oF Palo Alto
APPROVED BY:
PE NO.
DATE:
FIGURE I
Traffic Control Safety ~evices
2. SCOPE OF WORK
The following scope of work is prepared based on our review of the RFP, discussions with City staff,
our familiarity with the project area, our extensive site visits, and our experience on similar projects.
This work scope will serve as a starting point for discussion with the City in our kick-off meeting. We
are open to refining the work plan, proposed schedule, and fee estimate, if needed.
During our kick-off meeting, we will refine the specifics of the scope of work and detail the schedule,
Other technical as well as administrative matters will be discussed as appropriate. During this meeting,
we will also plan for and schedule other project meetings (Task 5). Additionally, we will request
¯ available information, such as history of accidents at or in the vicinity of the project locations, as-built
plans, the City’s GIS system, specific issues, etc.
Task 1. Field Review
Objective: To assess existing conditions at project locations.
We will conduct a thorough site visit to provide a good knowledge of the current conditions for decisions "
on subsequent task elements. Specifically, we will perform the following activities:
.0
¯ Field visit the project locations to examine the conditions of existing roadside barriers and:
other safety control devices. Any deformations in existing devices caused by errant vehicles
strikes will be noted. .- - --,. _.~.
Identify and document specific areas needing attention. The issues regarding the age of
existing devices, their effectiveness in meeting new safety requirements, and accidents which
have been experienced at project locations at or in the vicinity of these loe.ations, will be.
identified and-documented.
MMA has direct knowledge of the City’s street ne!,ork and has performed a preliminary field
investigation of the project locations along Alma Street, San Antonio Road and West and East Bayshore
Roads. Several deficiencies have been identified during this preliminary site visit. A few examples are
depicted on the following pages:
Meyer, Mohaddes Associates, Inc.
Traffic Control Safem. Devtces
Short guardrail on Alma Street - Usually, sl~ort lengths of roadside
barriersare-discouraged. Where needed in two or more closely
spaced locations, barriers should be continuous.
Non-standard guardrail on Alma Street - New guardrail may need
to be designed to comply with AASHTO and Caltrans standards
[see Task 2 and Task 3].
Meyer, Mohaddes Associates, Inc.
Trajfic Control Safe~. D~ dces City of I~alo Alto
Alma Street looking north - Structure at Universih/Avenue is
-.close to travelway.
West Bayshore Road - Soundwall end is close fo roadway.
Meyer, Mohaddes Associates, Inc.
5
Traj~c Control Safet3., De~,~ces City of Palo Alto
Bridge Barrier on San Antonio Road structure crossing Highway 101 -
Looking south.
Bridge Barrier on San Antonio Road structure crossing Highway 101 -
Looking north .....
Meyer, Mohaddes Associates, Inc.
Trajfic Control Safe~’ D~vices City of ~Io Alto
Guardrail on East Bayshore Road at Matadero Creek.
Guardrail on West Bayshore Road at Matadero Creek.
Meyer, Mohaddes Associates, Inc.
7
Traffic Control Safe& Devtces
Alma Street - Repeated roadway overlays have
reduced the original curb height.
Alma Street at Oregon Expressway Undercrossing -
Rail over structure is close to the travel lane.
Meyer, Mohaddes Associates, Inc.
8
Traffic Control Safety Dc¢ices City of Palo Alto
Curb along Alma Street - There are several locations on Alma where
short and. high curbs are installed. Curbs should not be used as a
roadside safety l~arrier. They are normally used for drainage
purposes, but may supplement safety devices in special locations.
No curb, no roadside devices on portions of Alma Street.
Evaluation should be made to examine the needs for new
roadside safety devices.
Meyer, Mohaddes Associates, Inc.
Traffic Control Safety Devices City of Palo Alto
Task 2. Evaluation of Existing Conditions
Objective: To assess existing conditions at project locations.
General Considerations
Traffic barriers are used to minimize the severity of potential accidents involving vehicles leaving the
traveled way-where the consequences of errant vehicles striking a barrier-are less than leaving the
roadway. Because barriers are a source of accident potential themselves, their use should be carefully
considered.
The term "traffic barriers" refers to longitudinal barriers and crash cushions. Longitudinal barriers
function primarily bey redirecting errant vehicles. Crash cushions function primarily by decelerating
errant vehicles to a stop or by redirection.
Longitudinal barriers are generally denoted as one of three types: flexible, semi-rigid, or rigid. The
major differences between the types is the amount of barrier deflection that takes place when the barrier
is struck.
Evaluation of the roadside environment entails six options: (1) remove the obstacle or redesign so it can
be safely traversed; (2) relocate the obstacle to a point where it is less likely to be struck; (3) reduce
impact severity by using an appropriate breakaway device; (4) redirect a vehicle by shielding the obstacle
with a longitudinal traffic barrier and/or crash cushion; (5) delineate the obstacle if the above alternatives
are not necessary; and (6) no action.
The objective of barriers is to enhance safety. Short lengths of roadside barriers are discouraged. Where "
needed in two or more closely spaced !ocations, barriers should be continuous.
Barriers should be located beyond the edge of the shoulder to insure that use of the full shoulder width
is possible. The fill .~upporting the barrier must be sufficiently wide to provide lateral support. Roadside
barriers should be aligned with the bridge rail and properly secured to the bridge to prevent the possibility
of a vehicle striking the barrier and snagging or colliding with a bridge rail or curb. Proper treatment
of the exposed end of the barrier is also important. The untreated or square approach end of a barrier
presents a formidable roadside obstacle. Ends may be buried, covered with a mound of earth, flared
back, or protected with a crash cushion an approved crash tested terminal. Buried barrier ends should.
be designed to minimize ramping of impacting vehicles.
AASHTO Roadside Design Guide and Caltrans Traffic Safety Systems provide sources for developing
a set of criteria for evaluating the adequacy and/or deficiency of the existing roadside barriers on or at
project locations. Having in mind the general considerations stated above, and a history of incidents/
accidents on project corridors, we will develop the criteria for the evaluation of the safety values of the
existing conditions at the loca~iom listed below:
1.Alma S~reet, souflabound, from Homer Avenue to San Antonio Road, excluding
overcrossings at Embarcadero Road and Oregon ExpressWay, and the undercrossing at San
Antonio Road.
Meyer, Mohaddes Associates, Inc.
I0
Traffic Control, Safety Devices City of Palo Alto.
Product:
Alma Street, both sides, at overcrossings of University Avenue, Embarcadero Road, and
Oregon Expressway and at the portion of the San Antonio Road_ overcrossing structure
within the city limit.
On San Antonio Road structure crossing Highway 101,
Selected locations on West and East Bayshore Roads:
ii.
111.
iv.
V.
vi.
vii.
West Bayshore Road from 100 feet south of Oregon Expressway along 120 linear feet
of existing guardrail.
West Bayshore Road at end of existing freeway soundwall 100 feet .south of Amarillo
Road. "
West Bayshore Road at existing guardrail at poles on east side opposite Colorado Road.
West Bayshore Road at Matadero Creek.
West Bayshore Road at Adobe-Barron Creek.
East Bayshore Road at Matadero Creek.
East Bayshore Road at Adobe-Barron Creek.
The product of this task will be summarized in a table showing various elements of each
location and evaluation criteria assigned to each location. The summary table will contain,
at a minimum, the following information:
Loc~ition
Type-of barrier
Age of"t:~.rier
Damage to barrier
Physical characteristics
Function and conformity with AASHTO, Caltrans standards
Accidents during last five years
Features in the vicinity of the barrier
Evaluation criteria
Replacement cost
Upgrade cost
Other
Task 3. Recommendations
Objective: To develop and finalize improvement elements.
Utilizing the evaluation criteria identified under ec-c,-izn-,.zclcc, r,.;,ralzi,s, we will generate recommendations
for improvements.
Recommendations for each location .will be for removal, upgrading, replacement, relocation, or
construction of barriers based and/or railings.
Meyer, Mohaddes Associates, Inc,
11
Traffic Control Safety Devices City of Palo Alto
A comprehensive cost-effective analysis will be performed for each location and for each alternative
utilizing life-cycle and present worth approach.The objective will be to achieve a balance between
safety requirements and economic constraints.
A preliminary list of recommendations will be submitted to the City. This list will be refined by
including the City’s comments and further revaluating the effectiveness and associated cost of each
alternative.
The product of this task will be used for developing fine PS&E. It will be in report format,
describing the evaluation process, analysis and final implementation plan. The report will
also include a proposed schedule for implementation of the recohamended improvements.
Tasks 4 and 6. Construction Document
Objective:To provide a complete, detailed and constructable plans, specifications and ~ngineering
estimate (PS&E) document with all necessary approvals and permits.
Upon approval of the improvement recommendations prepared during Task 3, the plans and specifications
for various components of each improvement location will be prepared. The primary elements of- design
may include:
*-curb
*longitudinal barriers --
.’..-flexible system .:.-r._~.
-semi-rigid system
-rigid system
median barriers
structural guardrails
other roadside design modifications
required safety signs/striping
¯
¯
The specifications and engineering estimates will address all requirements and standards by AASHTO and
Caltrans. The PS&E development process will include preparation of construction documents at 30 %,
70 %, 95 % and Final progress states, and City review at each stage with a vigorous quality control during
the PS&E development process.
Design Field Survey
The first Order of work with this task will be% detailed field investigation of the locations of
recommended and approved improvements. This investigation will focus on:
Construction methods for traffic control during construction
Locations with respect to maintenance access
Location of electrical Service, if needed
Meyer, Mohaddes Associates, Inc.
12
Traffic Control Safety Devices City of Palo Alto
Project Base Sheets
We will prepare project base maps, showing utilities if impacted, at 1" =20’ scale for each location. We
anticipate using the City’s GIS system to provide base plans suitable for this project. Some surveying
may be needed to locate features and set control.
30%, 70%, and 95% completion PS&E
We will prepare 30%, 70% and 95% plans, specifications, and estimates for review and approval. The
PS&E will be prepared in conformance with the current applicable Caltrans’ Guide for Submittal Of Plans,
Specifications, and Estimates; Standard Plans and Standard Specifications; and the City standards as
approved during Task 3.
Final Submittal
The 95 %PS&E will be updated in response to the City’s comments and Submitted for a final check and
approval prior to the printing of the sets for bidding. Design plans, special provisions, cost estimate,
quantity calculations and construction schedule will be finalized. Design plans will be submitted in
AutoCAD format.
Product:We will reproduce and submit drawing, technical specification, cost estimates, construction
schedule, and bidders list to City staff for review and approval as follows:
30% completion submittal: 5 copies
70% completion submittal: 5 copies
95% completion submittal: 5 copies
Final submittal: 12 hard copies of all submittals plus the following on 3.5" diskette:
Documents: one copy in WordPerfect 6.1 format
Spreadsheets: one copy in Excel 5.0 format
Drawings: one copy in AutoCAD V12 format
Task 5. Meetings
Objective: To coordinate the project development process.
We will attend four (4) meetings: one kick-off meeting including a visit to verify current site conditions
and to identify specific areas needing attention; two additional meetings during the course Of th~p~6jeet;
and a pre-bid meeting.
Product: Meeting notes stating discussions made, and an action item list.
Meyer, Mohaddes Associates, Inc.
13
Traffic Control Safety Devtces City of Palo Alto
Task 7. Presentations
Objective: To present findings and design improvement alternatives.
We will prepare and conduct a presentation, complete with appropriate documents (drawings and cost
estimates, etc.) to the Architectural Review Board (ARB).
Product: Presentation responses and input. --
Tasks 8 and 9. Construction Assistance
Objective: To assist the City during bidding and construction oft.he designed improvements.
We will be available during the construction contractor bidding process, including preparing the bidders
list, attending a pre-bid meeting, answering bidder’s questions during the bid period, and preparing
addenda as necessary.
The activities associated with assisting the City during construction are expected to consist of the
following items:
¯
P~oduct:
Representatives from MMA will participate in 12 progress meetings at the site.
-We will answer Requests for Information (RFI) and clarify the reques(ed items
We will review all shop drawings, specifications and sample devices. In cases where the
~-~bmittals do not meet the specificatigns, we will w.ork with all involved parties to determine
an appropriate course of action.
Documentation of the above services, for the City’s project file.
Meyer, Mohaddes Associates, Inc.
14
Meyer, Mohaddes Associates, Inc.
¯ EXHIBIT B
STANDARD FEE SCHEDULE
STAFF LEVEL
Principal
Associate Principal
Senior Engineer/Planner
Engineer/Planner
Associate Engineer/Planner
Assistant Engineer/Planner
Technical Support/Editing
Computer Aided Drafting Support
Word Processor
Graphics Support
HOURLY RATE
$1 I0- 145-
$100- 125
$ 80-110
$ 65- 90
$ 60- 80
$ 50- ~0
$ 25- 50
$ 35- 6o
$ 30- 45
$ 35- 60
Standard Terms and Conditions
Invoices are due and payable within 30 days of date of invoice. Invoices
outstanding over.:30 days will b.e assessed a 1 ¼~" percent service charge not~o-~"
exceed the maximum allowable by law, for each 30 days outstanding beyo.nd the
initial payment period.
Project expenses will be billed at cost plus 10 percent for service and handling.
-Expenses include project-related costs, such as computer charges, subcontractor
services, postage/delivery service, reproduction, transportation, and subsistence.
Effective through January 1, 1998.
Traffic Control Safety DeviCes City of Palo Alto
Level of Effort
Krupka i Mogharabi
1. Site Visit
2. Evaluate Existing Conditions
3.Recommendations for
Improvements
4.Plans, Specifications and
Estimates (PS&E)
5. Meetings
6. Design Plans .
(included in Task 4)
17.~ Presentation to ARB
18, Assisting During Bidding
9, Services During Construct!9n
lO
20 lO
30 60
12
4
lO lO
36
Project Engineers
.G. ;’ .~.M..
Orayson Zachariah
5 10
8
2O
lO 60
20
Hagerty
I0
I0
Support QC.-. ToIal
15
30
2 20"
10 60
10 180
12
0
4
20
86
Meyer, Mohaddes Associates, Inc.
Certificate of Insurance
Agency Name and Address:
Pro~essional Practice Insurance Brokers, Inc.
250 Newport Center Drive, Suite M-106
Newport Beach, California 92660
714.729.0777 Fax 714.729.0770
Insured’s Name and Address:
MEYER MOHADDES ASSOCIATES, INC.
900 Wilshire Boulevard, Suite t200
Los Angeles, California 900~7
EXHIBIT
THIS CERTIFICATE IS ISSUED AS A MAI-rER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW.
¯Companies Affording Coverage
Company A - American Motorist Insurance Company
Company B -- Continental Casualty Company
COVERAGES: THI’S IS ~I’O "CERTIFY THAT POLICIES OF INSURANCE LISTED SELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENt’, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE P(~LICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
CO.
LTR.
A
A
A
POLICY
NUMBER
-TYPE OF
INSURANCE
GENERAL LIABIL’ITY
CommL Gen. Liability
[ ] Claims Made
[ X ] Occurrence
Independent Contractors
Contractual
BFPD
AUTO LIABILITY
Any Automobile
All owned autos
Scheduled autos
Hired autos
Non-owned autos
Garage liability
EXCESS LIABILITY
Umbrella Form
Other than Umbrella Form
WORKERS’
COMPENSATION
AND EMPLOYERS’
LIABILITY
PROFESSIONAL
7JW235177-00
7JW235177-00
7CW235177-07
POLICY
EFFEC. DATE
03/t7197
03117197
09101197
POLICY
EXPIR. DATE
03117198
03117198
09101/98
LIMITS
General Aggregate $2,000,000
Products-Com/Ops Agg.$2,000,000
Personal &Adv. Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (any one fire)$ 100,000
Other $
Combined Single Limit
Bodily Injury (per person)$
Bodily Injury (per accident)$
Property Damage $
Each Occurrence
Aggregate ,,
Statutory Limits:
Each Accident
Disease-Policy Limit
Disease-Each Employee
B - AEN113844112 03/17197 .....03117198 EACH CLAIM
$1,000,000
$
$
$1,000,000
$1,000,000
$1,000,000
$1,000,000
LIABILITY AND AGG ,REGATE $1,000,000
Description of Operations/Locations/Vehicles/Restrictions/Special Items:
All operations of the Named Insured including Project: Traffic Conrol Devices
ADDITIONAL INSURED / PRIMARY ENDORSEMENT A’f-FACHED - GENERAL LIABILITY ONLY
Certificate Holder:
CITY OF PALO ALTO
PURCHASING & CONTRACT ADMIN
250 HAMILTON AVE
PALOALTO CA 94301
THE AGGREGATE LIMIT IS THE "I’OTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MA, L 3B DAYS’ WR,TI"EN NO’I’ICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.EXCEPT ,F CANCELLED FORNON
PAYMENT OF P REMIU~,,~ NOTIC.~"~IVE N.
Authorized Representa-~t~e.’~’~, D..a~e/: (~9’~97
. Diana Cornwell ~!’J~~
ARCHITECTS AND EN~iNEERS
PROGRAM ENDORSEMENT
THIS .ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
÷1. The following provision is added to paragraph C, WHO IS AN INSURED, in the Liability Coverage Form:
The person(s) or organization(s) here named, required by a written contract to be named as an insured
(called "additional insured") is an insured, but, only with respect to liability arising _out of your premises or
"you~ work" for the "additional insured".
¯ THE CITY OF PALO ALTO,
its officers, employees and agents
2. W~th respect to the insurance afforded these "additional insureds", the following additional provisions apply:
Ao The limits of insurance provided on behalf of the "additional insured" are not greater than those required
by such contract. In no event shall the limits of insurance in this Coverage Form be increased by such
contract.
.Primary CoverageW~th respect to claims arising out of the operations of the N~med Insured, insurance as afforded bythis
policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit
If the Additional Insureds.
Cross Liability Clause-The naming of more tha.n one person, firm or corporation as Insure~ds under this policy shall not, for that
reason alone, extinguishany rights of the Insured against another, but his endorsement, and the naming of
multiple Insureds, shall~not increase the total liability of the Company under this policy.
Do Notice of Cancellation
1. If we. cancel this policy for any reason other than non-payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insured on filewith the Company.
2.If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days.before the
effective date of cancellation to the Additional Insureds on file with the Company.
Nothing herein contained shall vary, alter or extend any provision or condition of t~e Policy other than as above stated.
NAMEDINSURED:MEYERMOHADDES &
ASSOCIATES
POLICY NO:7JW235177-00
This Endorsement becomes effective: 10-28-97
AMERICAN MOTORIST INSURANCE COMPANY
A u t h ~’~i z e’~gn~ut"e:DIANA CORNWELL
ISSUED: 10129197
BP 86 04 (ED,’10 90)Printed In U.S.A.
EXHIBIT D
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
COMPLIANCE REPORT
Non-Discriminatlon Provisions of Palo Alto Contracts
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:
¯Traffic _Con~ro,l Safety
Project Devices Fro3ect
Name of Firm Meye.r, Mohaddes Associates
Manager of Purchasing
Civic Center
250 Hamilton Avenue
Palo Alto, CA 94301
Telephone . . (65n)
Name of person preparing form,
person to contact.
Michael’ p. Meyer Ext.#
Circle One: Prime Contractor 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 i.n Here:
Meyer, Mo~a~es Assocza~es
One Waters Park Drive, Suite
San Mateo, CA 94403 -
210
Paul Krupka .
Same as above
Meyer, Mohaddes Associates
900 Wilshire Blvd.,#1200 LA,CA 90017
N/A
N/A
TITLE: Principal
DATE: October 28, 1997
Part It---Policy Information
Attach a statement of your company’s policy on equal employment
opportunity to all persons without regard to race, creed, ~olor, national orlgin,~
or ancestry, "and describe what steps have been taken to put this policy into
effect.
Part Ill--circlethe Proper Answer.
Have you informed company officials and representatives regarding the non-
discrimination provisions of City of Palo Alto Contracts?
Have ¥o’u-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?
PURCHASINGADMINISTRATION: Affirmative Action SECTION 00820-5
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
Do you have educational or training programs sponsored, or financed for the
benefit of employees or prospecti~ve employees.
a ......How many people participate in these programs?
b..How many are minorities?
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.
~No
No
No
No
State Employment Offices
Newspapers or other media
High Schools, including those in minorit~ group areas.
Local trade or vocational schools, including those with minority
group students.
Agencies or orgar~izations specializing in minority employment.
Federal or State apprenticeship ,representatives.
Who?
Others [,~eal C.o] l ~_o~ and Universities
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 No subcontractors for this project
Have all recruitment sources been advised that all qualified app’licants will
receive consideration for employment without regard to sex, race, color,
ancestry, religion, national origin, or disability?
Identify (names and addresses) the employment agencies, personnel
recruitment organizations, newspaper advertising or other non-union sources
from which the company Pecruits its personnel.
,,,~TE,J0urnal,,,,Wash!n~ton, DC
Western ITE, Boulder, CO
Part IV--Union/Crafts Information
1. Ye~"~ 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)
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. N/A
Approximately what percentage of your employees covered by union
agreements are referred by or hired through the unions? -
Explain proced~Jre for hiring balance.
4. Yes No
5. Yes No
6. Yes No
Does the c0mpaqy’s collective bargaining agreement or other contract or
undei’standing with a labor union (or unions) or other worker’s organization
include a provision for non-discrimination in employment? N/A
Is there any labor union or worker’s organization policy’which prevents you
frown fulfillingyour obligations under the non-discrimination provisions of City
contracts? If so,specify. N/A
Specify the _trade(s) or craft(s) invol’ved in this contract.
N/A
o Use this space for comment on any answers you have supplied.
Note: In compliance with the.Americans with Disabilities Act (A.DA) of 1990, this document
may be provided in other accessibleformats. 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 008:~0-7
SECTION 00820AFFIRMATIVE ACTION
DATE:OCtober 28, 1997
RACIAL MAKEUP OF REPORTING UNIT
Name of Firm Meyer,,,Mohaddes A, ssociates Submitted by Michael
Project Name
Contract #,
_~_~:tl, _n==;,ic=_o ,,,,]Project
(Indicate only for monthly report, No. 3)
Three types of breakdown are required. This form is used forall three. (Check--v’)
~[ -1-Permanent makeup Of company. I"1 -2-Estimated makeup for this project.
[] -3-Monthly report for, 19__. Submit once per month for duration of project.
1 = Permanent.2 = Estimate for project.-3 = Monthly only.
Be sure to include aJl employees in first column, not just minorities. Nos. 1-and 2 below are
.,, requir.ed to be filled in and submitted with Compliance Report.
Category =
Management
Professionals
Clerical-Office
Field Superv]=or
1 2
2 2
23 5
5 1
3 1 2 3
5 1
2 3 t
I0
2 3 1 2 3 1- 2 -3
1
1
1
1
Skilled, List:
Unskilled - List:
Total of.
Above:30 8 7 2 1 i0 3 2 2.
The data below should also be included in the categories above. This is for On Job Training=,
a.White Collar
b.Production
This report must be completed by contractor end each subcontractor. The term "Spanish Surnamed" include= all per=ons of l~,~laxJcan, Puerto
Rican, Cuban, Latin American or Sper~sh origin. Report only employees enrolled.in formal on-the-job training programs.
END OF SECTION
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-~
Meyer, Mohaddes Associates, Inc.
MEYER, MOHADDES ASSOCIATES
AFFIRMATIVE ACTION
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
POLICY: Summary~
It is the policy of Meyer, Mohaddes Associates to provide equal opportunity .to all persons without regard
to age, race, color, religion, sex, sexual Orientation, national origin, mental or physical handicap, marital
status, or AIDS or any AIDS-related condition.
The firm will continue to assure that applicants are recruited and hired, and that employees are treated
during their employment without regard to their age, race, religion, sex~- color, sexual orientation,~
national origin, mental or physical handicap, marital status, or AIDS or AIDS-related condition. Equal
opportunity and equal consideration will be afforded to all applicants and employees in personnel actions
which include recruiting and hiring, selection for training, promotion, fixing rates of pay or other
compensation, transfer and layoff or termination. It is the firm’s intention in the implementation of this
policy to assure employment opportunities for members of minority’groups and t.o provide a framework
for minority group recruiting, hiring and upgrading at all job levels.
complete copy of the AA/EEO Program is available upon request.
Meyer, Mohaddes Associates, Inc.
MINORITY UTILIZATION
WORK FORCE PROFILE
Caucasian Black Hispanic Asian Native
American
M
Executives/Managers 2~
(Licensed Engineer.s)
Licensed Professional 7
Engineers/Surveyors/
Architects
Other Technical/ 2
Professional
Office/Clerical
Total 11
Percent
of Total 39
Total
California
Workforce
F M F M F M F M F M F
1 I 5" 4
4
2 1 1 I
3 2 2 1 5
tLicensed Engineers
11 7 7 4 18 14
21
7
8 6
1 4
18 10
64 36
2/97