Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Staff Report 430-10
TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: DECEMBER 6, 2010 REPORT TYPE: CONSENT DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT AND PUBLIC WORKS CMR: 430:10 SUBJECT: Adoption of a Resolution Approving Amendment Number 1 to the Agreement Between the City of Palo Alto and the State of California for Maintenance of State Highways in the City of Palo Alto and Approval of Two Contracts Related to the EI Camino ReaV Stanford A venue Streetscape and Intersection Improvements Project (CIP PL;'07002): (1) Construction Management Contract with Ghirardelli Associates, for a Total Amount Not to Exceed $150,000 and (2) Amendment No.1 Mark Thomas & Company, Inc. to add $78,700 for Design Support Services for a Total Not to Exceed the Amount of $293,500. RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager to execute a contract with Ghirardelli Associates, (Attachment A), in the amount of $150,000 for construction management services for the Camino Real/Stanford A venue Streetscape and Intersection Improvements Project. 2. Approve and authorize the City Manager to execute Amendment No. One (Attachment B) with Mark Thomas & Company, Inc., in an amount not to exceed $78,700 for design support services during construction of the EI Camino Real/Stanford A venue Streetscape and Intersection Improvements Project. 3. Adopt the attached resolution (Attachment C) approving Amendment Number 1 to the Agreement between the City of Palo Alto and the State of California for Maintenance of State Highways in the City of Palo Alto for the City to maintain the Decorative Signal Poles and Asphalt Concrete Colored Coating for the cross walk that is being installed as part of the EI Camino ReallStanford A venue Streetscape and Intersection Improvements Project, an~ Authorize the City Manager or his designee to sign Amendment No. 1 (Attachment ~. CMR: 430:10 Page 1 ofS BACKGROUND In December 2006, the Santa Clara Valley Transportation Authority (VT A) Board of Directors approved the award of $1,334,000 in Community Design and Transportation (CDT) grant funding for the EI Camino Real IStanford A venue Project for the Intersection and Streetscape Improvements. On April 16, 2007 (CMR:207:07), the City Council accepted the federal transportation grant funds to be paid on a reimbursement basis from the VTA CDT capital grant program This project includes the design and construction of improvements to implement the demonstration phase of the EI Camino Real Master Design Planning Study developed by Caltrans and the City of Palo Alto. The project area includes the intersection of EI Camino Real and Stanford A venue and extends approximately 100 feet beyond the intersection along all four approaches to the intersection. Council approved a contract with Granite Construction DBA Pavex Construction Division for the construction of the El Camino Reali Stanford Avenue Project on November 8,2010 (CMR: 396:10). DISCUSSION The proposed project includes the installation of bulbouts at the intersection corners, realignment of crosswalks with enhanced/textured paving, widened landscape medians with planting and street trees; widened sidewalk with street trees; street furniture; new ornamental sidewalk lights; decorative signal poles and new storm drain outlets. During construction, certain lanes of the intersection may be closed for short periods although for work items with significant traffic impacts, night work may be authorized at additional cost. Neighboring residents, schools and businesses will be informed of construction activities and progress through flyers and website postings. Cross walks will be accessible at all times for safe pedestrian crossing. . Construction Management Services A Construction Management firm will be retained to assist with the construction of the project. The scope of work for the construction management services needed for the EI Camino ReallStanford A venue Streetscape and Intersection Improvements Project is included as Exhibit A of the attached contract with Ghirardelli Associates. These services are needed as current staffing is not sufficient for a project of this magnitude. The construction and project management will be shared by the Public Works Department and the Planning and Community Environment Department. S ummaryo fS r . P o lCltatlOn rocess Proposal DescriptionlNumber Construction Management Services for EI Camino Real/Stanford Avenue Streetscape and Intersection Proposed Length of Project I 1m rovements Project Number of Proposals Mailed 14 Total Days to Respond to Proposal 28 Pre-proposal Meeting Date N one necessary CMR: 430:10 Page 2 of 5 Number of Company Attendees at Pre-Not applicable proposal Meeting Number of Proposals Received: 7 Company Name Location (City, State) Selected for oral interview? Cambridge CM Palo Alto, CA No CSG Consultants San Mateo, CA No Hatch Mott McDonald San Jose, CA No Parsons Brinkerhoff San Francisco, CA Yes Ghiradelli San Jose, CA Yes S&C Engineers Oakland, CA Yes Hill International San Ramon, CA Yes The proposals were judged by the following criteria: • Quality and effectiveness of proposed solutions, • Qualifications and experience of the staff assigned to the project, • Proposal quality and completeness, • Response time and ability to perform the work, • Fee. An evaluation committee consisting of Public Works and Planning and Community Environment staff reviewed all proposals submitted. The committee carefully reviewed each firm's qualifications and submittals in response to the criteria identified in the request for proposals (RFP). Three firms were not selected for interviews because of high fees and/or lack of experience with State roadway construction. Ghirardelli Associates was selected because it demonstrated superior know ledge of construction management, public outreach and has extensive experience with Caltrans engineering requirements. Mark Thomas & Company, Contract Amendment No.1 Mark Thomas & Company is the engineering firm responsible for the design of the El Camino Real/Stanford A venue Streetscape and Intersection Improvements Project. The proposed amendment to the contract with Mark Thomas & Company (Attachment B) will provide for general design support services during construction to include construction staking, responding to inquiries, clarifying plans and specifications as requested by the Contractor, review of contract change orders and field reviews during the construction phase of the project. Amendment to Maintenance Agreement with State of California The current agreement with the State was executed and made effective on July 1, 2007 (CMR: 113:08) The agreement provided for City Staff to provide maintenance for a portion of State Highway 82 (El Camino Real) that lies within the City limits. Amendment No. 1 states that the City will maintain the Decorative Signal Poles and Asphalt Concrete Colored Coating for the crosswalk that is being installed as part of the El Camino Real/Stanford A venue Streetscape and Intersection Improvements Project. Maintenance includes repair, repaint and replacement of all non-State standard signal pole features, when needed. The State will continue to operate and maintain the signal and safety lighting at this intersection. CMR: 430:10 Page 3 of 5 TIMELINE Construction for this project is anticipated to begin in early 2011 and be completed in seven months, dependent on weather conditions, lead times for signal poles and lighting equipment orders and holiday schedules. RESOURCE IMPACT Funding for the Construction Management Services and Design Support Services work is included in the Capital Improvement Program project PL-07002. Funding for the project will be provided through the award of $1,210,000 in federal funds in the (CDT) grant funding and local match funds will be provided by the City's CIP projects PL-98013 (School Commute Safety Improvements) and PL-0401O (Bicycle Boulevards Implementation Project) as approved by Council on February 8,2010. Ongoing maintenance of the project will need to be budgeted in the future since ongoing maintenance of the landscaping, crosswalks and street furniture is not included as part of the project budget. POLICY IMPLICATIONS This project is consistent with existing City policy, including the Comprehensive Plan Transportation Element: 1) Goal T-3 which supports "Facilities, Services and Programs that Encourage and Promote Walking and Bicycling;" and 2) Policy T-14 : "Improve pedestrian and bicycle access to and between local destinations, including public facilities, schools, parks, open space, employment districts, shopping centers, and multi-modal transit stations;" and 3) Policy T-23: "Develop public sidewalks and bicycle facilities in Stanford Research Park and other employment areas." The EI Camino Real/Stanford A venue intersection is identified as a critical intersection on the City's adopted School Commute Corridors network as well as a "High Priority Project" in the Palo' Alto Bicycle Transportation Plan. The proposed project improvements are consistent with the EI Camino Real Master Planning StUdy. This document was drafted in 2003 providing detailed design guidelines for the EI Camino Real corridor through Palo Alto. This project also SUppOltS the ongoing Peninsula EI Camino Real Grand Boulevard Initiative, with the goal of improving the performance, safety and aesthetics of EI Camino Real for all users. This recommendation does not represent any change in existing City policies. CMR: 430:10 Page 40f5 ENVIRONMENTAL REVIEW Since EI Camino Real (Route 82) is a state highway, Caltrans is the lead agency for completion of environmental review requirements for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Caltrans has determined that the project is Categorically Exempt under both CEQA and NEP A PREPARED BY: DEPARTMENT HEAD: SHAHLA YAZDY Transportation Engineer .... rv.·".·JN BENGARD CURTIS WILLIAMS Director of Planning and Community Environment DEPARTMENT HEAD: CITY MANAGER APPROVA~ . C; MES KEENE . . . City Manager ATTACHMENTS A Contract with Ghirardelli Associates for Construction Management Services B. Contract Amendment with Mark Thomas & Company C. Resolution for Amendment Number 1 to the Agreement Between The City of Palo Alto and the State of California for Maintenance of State Highways in the City of Palo Alto D. Amendment Number 1 to the Agreement Between The City of Palo Alto and the State of California for Maintenance of State Highways in the City of Palo Alto <> CMR: 430:10 Page 5 of5 ATTACHMENT A CITY OF PALO ALTO CONTRACT NO. Cl1138116 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGEMENT SERVICES This Agreement is entered into on this 23rd day of November, 2010, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and GHIRARDELLI ASSOCIATES, INC., a California Corporation, located at 2375 Zanker Road, Suite 235, San Jose, CA 95131, (PH) (408) 435-5503 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to construct intersection street improvements at El Camino and Stanford Avenue, in the' City of Palo Alto ("Project") and desires to engage a consultant to provide Construction Management Services for this Project. ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration ofthe recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through August 30,2011, or completion of Construction, whichever occurs first, unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement Professional Services Rev. June 2, 2010 shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00). The applicable rates and schedule of payment are set out in Exhibit "C-1", entitled "HOURL Y RATE SCHEDULE," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsuItants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, ~tate and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all 2 Professional Services Rev. June 2,2010 C:\Documenlll and Settings\syazdy\Loca\ Settihgs\Temporary Internet Files\OLK276B\Contract CII138116 -Ghirardelli Associates Inc. doc charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other dt<sign documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination ofthe Agreement. . SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULT ANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion ofthe work to be performed under this Agreement without the prior written authorization of the city manager or designee. 1SI0ption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: Inspection Services, Inc. CONSULTANT shall be responsible for directing the work of any sub consultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for hll acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Randy Bruner, PEl Executive Vice President, as Principal in Charge, to have supervisory responsibility for the 3 Professional Services Rev. June 2, 2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK276B\Contract Cll138116 -Ghirardelli Associates Inc.doc performance, progress, and execution ofthe Services and Bill Davis as Project Manager, to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the proj ect manager, or any other key personnel for any reason, the appointment of a substitute project manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City's Project Manager is Shahla Yazdy, Planning and Community Environment Department, 250 Hamilton Avenue, Palo Alto, CA 94301, Telephone: (650) 617-3151. The Project Manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization witp.out the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination ofthis Agreement. SECTION 16. INDEMNITY. [gJ [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. D [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and 3 Professional Services Rev. June 2, 2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK276B\Contract Cll138116 -Ghirardel1i Associates Inc.doc agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3; The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17 . WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, 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. SECTION 18. INSURANCE. 18.1. C9NSULT ANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. 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 materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULT ANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULT ANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULT ANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as 5 Professional Services Rev. June 2, 2010 C;\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK276B\Contract Cll138116 Ghirardelli Associates InC. doc j J -1 a result of the Services perfonned under this Agreement, including such damage, injury, or loss arising after the Agreement is tenninated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the perfonnance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULT ANT will immediately discontinue its perfonnance of the Services. 19.2. CONSULTANT may tenninate this Agreement or suspend its perfonnance of the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or tennination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or tenninationby CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or tenninated 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 detennination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or tennination of this Agreement: 14, 15, 16, 19.4,20, and 25. 19.5. 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 Agreement. SECTION 20. NOTICES. 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 With a copy to the Purchasing Manager To CONSULTANT: Attention of Randy Bruner, PE, Executive Vice President at the address of CONSULTANT recited above 6 Professional Services Rev. June 2,2010 C:\Docurnents and Settings\syazdy\Loca\ Settings\Ternporary Internet Files\OLK2768\Contract Cll138116 -Ghirardelli Associates Inc.doc 1 i. SECTION 21. CONFLICT OF INTEREST. 2 ~ .1. In accepting this Agreement, 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. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement 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. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations ofthe Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred 'Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements ofthe City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or compo sting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of30% or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. 7 Professional Services Rev. June 2, 2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK2768\Contract Cll138116 -Ghirardelli Associates Inc.doc • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year andfunds for this Agreement are no longer available. This section shall take precedence in the event ofa conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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 in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 25.4. This document represents the entire and integrated agreement 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. 25:5. The covenants, terms, conditions and provisions ofthis Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants ofthe parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part ofthis Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONS UL T ANT personal information as defined in California Civil Code section 1798.81.5( d) about 8 Professional Services Rev. June 2, 2010 C:\Documents and Settings\syazdy\Loca\ Settings\Temporary Internet Files\OLK276B\Contract Cll138116 -Ghirardelli Associates Inc.doc a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security ofthe Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City's express written consent. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. 9 Professional Services Rev. June 2,2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK276B\Contract C11138116 -Ghirardelli Associates Inc.doc QlY (F PAID ALlO City Manager (Required on contracts over $85,000) Purchasing Manager (Required on contracts over $25,000) Contracts Administrator (Required on contracts under $25,000) APPROVED AS TO FORM: Senior Asst. City Attorney (Required on Contracts over $25,000) Attachments: EXHIBIT "A": SCOPE OF WORK GllWDlll ~SmAJ]S, IN: BYCl:~ Name: 7l-;,ntJ01n.<.-'8;t.cI1..,f{.,~ Title: fio<fi;&~· V;f· EXHIBIT "B": EXHIBIT "C": SCHEDULE OF PERFORMANCE COMPENSATION EXHIBIT "C-I": EXHIBIT "D": SCHEDULE OF RATES INSURANCE REQUIREMENTS 18 Professional Services Rev June 2, 2010 / C:\Users\Mark\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\G804W9L4\Contract Cll138116 -Ghirardelli Associates Inc. doc EXHIBIT" A" 1. SCOPE OF SERVICES General Requirements The Construction Management fum (CONSULTANT) shall provide a construction professional or professionals to represent the City at the construction site full time. This on-site representative(s) of the CONSULTANT shall be approved by the City as having appropriate work experience for the position. If at any time the City is not satisfied with the performance of CONSULTANT staff, the City reserves the right to request the services of a different individual. If for any reason the CONSULTANT proposes a change of staffing during the course of the project, the City reserves the right to approve any new staff. Office space, phone and fax machine for CONSULTANT's staff shall be provided by the CITY. CONSULTANT shall provide their own computer, the cost for which shall be included in the fee. Knowledge of civil engineering roadway or related construction, traffic control, public outreach, Caltrans standard and specification, public works contracting principles and regulations, and Critical Path Management (CPM) will be required of the CONSULTANT Phase I -Construction Phase Construction Management General: CONSULTANT shall be the point of contact for the project's contractor (Contractor). CONSULTANT shall work with the Designer and City to resolve any issues that may arise during construction. Daily Construction Management: CONSULTANT will oversee the day-to-day construction work performed by the Contractor and subcontractors. CONSULTANT will track the construction process, logistics, and activities and direct precautionary measures to ensure that all aspects of construction are followed and documented per contract documents. CONSULTANT will also work with the Contractor to implement logistical measures to :minimize any impacts to the City operations and the nearby residential neighborhood and businesses. CONSULTANT will ensure that coordination is maintained between all parties that must be made aware of daily construction activities and that good communication is maintained. CONSULTANT will implement expeditious methods for resolving conflicts. Night time and weekend work are required periodically to :minimize impacts or due to delay in schedule, therefore CONSULTANT services will still be required in full affect. CONSULTANT shall allocate one hundred (100) hours of night time and weekend work for the life of the project. Any additional hour beyond the one hundred hours shall be compensated as an Additional Service. Urness otherwise directed by City, the CONSULTANT shall budget for and be prepared to work on all State and Federal holidays except for the fourth Thursday of November (Thanksgiving Day); December 24 and 25, January 1 st, Memorial Day, July 4thm and Labor Day. If work is needed on any of these days in the years 2010 and/or 2011 in order to meet the project schedule, CONSULTANT shall be compensated for overtime as an Additional Service. A City engineer will be available to assist the CONSULTANT as needed for approximately 2-3 hours per day. Documentation: CONSULTANT will prepare and/or review all necessary documentation for the Professional Services Rev June 2, 2010 19 C:\Documents and Settings\syazdy\LocaI Settings\Temporary Internet FiIes\OLK276B\Contract Cll138116 -Ghirardelli Associates Inc.doc project including, but not limited to, daily logs and inspection progress reports, photos/videos, RFI, correspondence, shop drawings, and other contractor submittals. CONSULTANT will maintain all files and documentation for properly managing the project. CONSULTANT will track all RFI, correspondence and submittal status. Responses, approvals, and decisions to Contractor's documents shall be provided in a timely manner and as required in the construction documents. CONSULTANT will review and comment on any project-related correspondence as requested by the City's Project Manager (PM). Routine correspondence that is related to product information or minor design issues may be prepared and answered by CONSULTANT on its letterhead, with a copies of the response directed to PM and DESIGNER. Correspondence requiring City response shall be reviewed, approved, and signed only by PM. Submittals: CONSULTANT will log, track, check for errors, review, and route to appropriate personnel all project submittals (i.e. shop drawings, product information, substitution request, and samples) for approval in timely manner as required by the construction documents and in order to prevent any delays to the project. Comments from different reviewers of the submittal shall be compiled before being returned to the Contractor for revisions. Weekly Meeting: CONSULTANT shall schedule, coordinate and keep record of weekly field meeting with Contractor, sub-contractor, City and Caltrans staff for the duration for the project. Construction Schedule: CONSULTANT will review the Contractor's construction schedule. CONSULTANT will analyze, monitor, and request updates for the master schedule as the project progresses. CONSULTANT will analyze the schedule for logical construction, constraints, level of critical activities and to verify progress in conjunction with the analysis of pay applications. CO NSUL TANT will review con tractors' individual CPM schedules, monitor the contractor's progress, notify the City of any slippage, and coordinate contractor recovery plans. Progress Payments: CONSULTANT will review progress payment requests submitted by Contractor, within five (5) days of receipt and verify the accuracy and percentage of completion against the schedule, and resolve any discrepancies in the invoices. CONSULTANT will review the invoices and backup for completeness and compliance with contract documents and make a recommendation to PM for payment of the progress payment requests. Change Order Monitoring and Processing: CONSULTANT will review and evaluate all Contractor extra work requests. CONSULTANT will review the contract documents to determine entitlement, complete an independent estimate of the cost of the changes, and reconcile with the contractor's change order request. CONSULTANT will prepare extra scope of work authorizations for City approval and track all scope and schedule changes. Should there be disagreements with the validity of change orders, CONSULTANT will implement expeditious methods for resolving conflicts. Claims: CONSULTANT will analyze various claims from the contractors (i.e. compensation and delay) as to whether they are excusable, inexcusable, or compensable. CONSULTANT will advise City regarding what action(s) to take in a timely manner. Meetings: Throughout the construction process, CONSULTANT will be prepared to address comments and concerns of the construction contractors, City staff, merchants and the general public on an as-needed basis. CONSULTANT will set up and conduct weekly progress meetings and any other meetings necessary to facilitate the project work. CONSULTANT will write and distribute the meeting 20 Professional Services Rev June 2, 2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK276B\Contract CII138116 -Ghirardelli Associates Inc.doc agendas, and meeting minutes, including: City-CONSULTANT meetings, regular site meetings, meetings with the City staff, contractors, various City departments, schools and also the public. The meeting minutes will explicitly track who has the responsibility for each action item with expected completion dates. Community Outreach The CONSULTANT shall work with a City representative to prepare project updates for the the City website as well as to prepare a monthly community e-mail bulletin needed to keep residents, schools and businesses informed of project status and upcoming work efforts. CONSULTANT shall be prepared to answer questions or complaints from the public and merchants and shallliasion frequently with businesses near the jobsite to keep them informed of work that may affect their operations . .u=!~~~~~ CONSULTANT will monitor Contractor's compliance in general with the construction documents and contract CONSULTANT will address comments and concerns of the contractors and the DESIGNER as needed. Grant Funding Support: This is a federally funded project through Caltrans. The CONSULTANT shall prepare all necessary documentation and submit to City for submittal to Caltrans. A copy of the Grant will be given to the selected CONSULTANT prior to final fee negotiation. For purposes of this Request for Proposals, CONSULTANT does not need to submit a fee proposal for this work item. Testing: CONSULTANT will provide the services of a testing agency and coordinate scheduling of the testing agency services for any needed materials testing and/ or special inspections. CONSULTANT will ensure that all required sign-offs are reviewed and distributed and are in compliance with the City's and Caltrans' specification. Quality Control and Assurance: CONSULTANT will monitor and document the contractors' work for any deviations in scope, schedule or performance and keep the City informed of any issues that may arise. Record Drawings: CONSULTANT will coordinate the preparation of record drawings with the contractors and DESIGNER on a regular basis, both during the construction and post construction phases, and review the drawings for "as-built" accuracy. Substantial Completion: As per the construction contract, once the Contractor nears the end of their contracted work and requests 'substantial completion' status, CONSULTANT shall work with the Designer who will prepare and compile a project punch list that will be forwarded to the Contractor. CONSULTANT will oversee the completion of the punch list items before the final Notice of Completion is issued. Phase II Post Construction -Project Close Out Record Drawings: CONSULTANT will coordinate the preparation of record drawings with the . contractors and Designer on a regular basis, both during the construction and post construction phases, and review the drawings for "as-built" accuracy. 21 Professional Services Rev June 2, 2010 C:\Documents and Settings\syazdy\Loca\ Settings\Temporary Internet Files\0LK276B\Contract Cll138116 -Ghirardelli Associates lnc.doc Close Out: CONSULTANT will ensure completion and delivery of all required close out documentations including operation and maintenance manuals, record drawings, and warranties. CONSULTANT will review all these materials for compliance with the contract documents and for completeness. Any deficiencies of discrepancies will be reported to Contractor for corrections and re submittal. CONSULTANT will work underthe direction of the PM to resolve any contract claim issues that may arise (stop work notices, bonding, delays, extra work, etc). Files to City: CONSULTANT will consolidate and deliver all project files and documentation maintained to be retained by the City. Reimbursables Reimbursables shall include, but are not limited to, the cost of copying plans, outreach materials, postage, sign age or other items not included herein. Travel, computer and cell phone charges shall be considered as included in the CONSULTANT overhead costs. Office space, phone and fax, machine for CONSULTANT's staff shall be provided by the CITY Additional Services Additional Services fee and workscope shall be negotiated in advance of any work being performed. No workshall be done prior to written authorization by the City's Project Manager. Additional Services shall include, but are not limited to, additional meetings, extended work hours, additional testing or inspection. EXHIBITB 22 Professional Services Rev June 2, 2010 C:\Documents and Settings\syazdy\Loca\ Settings\Temporary Internet Files\QLK276B\Contract C11138116 -Ghirardelli Associates Inc.doc SCHEDULE OF PERFORMANCE The CONSULTANT shall complete all project and Construction Management services within the term period for this agreement which shall be through the completion of the post construction and close out phase. Following are some milestone dates for the Project: MILESTONES Phase 1-Construction Phase: Construction Contract Award Substantial completion Final completion Phase II -Post-Construction Project Close Out: Record drawings and close-out activities ends EXHIBIT "C" COMPENSATION 23 Date Nov 2010 June 2011 July 2011 Aug 30,2011 Professional Services Rev June 2, 2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\0LK276B\Contract C11138116 -Ghirardelli Associates Inc.doc -J I The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and completed to the reasonable satisfaction of the CITY, as described in Exhibit A, Scope of Services, a fixed, not-to-exceed price for professional services of One Hundred Fifty Thousand Dollars ($150,000.00). Compensation will be paid for services provided detailed below: Phase I -Construction & Close-Out Phase Construction Management Phase II -Post Construction -Close Out Reimbursables: Subtotal: Additional Services (10% of Subtotal): Total Contract: $104,500 $14,000 $26,500 $135,000 $15,000 $150,000 CONSULT ANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Reimbursables Reimbursables shall include, but are not limited to, the cost of copying plans, outreach materials, postage, signage or other items not included herein. Travel, computer and phone charges shall be considered as included in the CONSULTANT overhead costs. Any needed office spaces or related supplies shall be provided by CONSULTANT and shall be considered to be included in the Scope of Services above. EXHIBIT "C-l" . SCHEDULE OF RATES 24 Professional Services Rev June 2, 2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK276B\Contract Cll138116 -Ghirardelli Associates Inc.doc j TEAM MEMBER William Davis, P.M.P. Paul Chui, P .E. James Beauchamp, E.I.T. POSITION TITLE Project Manager Resident En~ineer Construction Inspector EXHIBIT "D" INSURANCE REQUIREMENTS HOURLY RATE N/A $125.73 $118.20 CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THElR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM 25 Professional Services Rev June 2, 2010 C:\Documents and Settings\syazdy\Local Settings\Temporary Internet Files\OLK276B\Contract Cll138116 -Ghirardelli Associates Inc.doc EXIIHlT "D' I l'SlRANE Hi.QIHrr\INIS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WrIHAM BEST'S KEY RATING OF A-:VII, OR mGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES NO YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,OOO,qoo PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 . EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALLOBTAINANDMAINTAIN,INFULLFORCEANDEFFECTTHROUGHOUTTHEENTIRETERMOFANYRESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULT ANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. 1. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY 26 Professional Services Rev June 2,2010 C:\Users\Mark\AppData\Loca!\Microsoft\Windows\Temporary Internet Files\Content.Outlook\G804W9L4\Contract Cll138116 -Ghirardelli Associates Inc. doc THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 27 Professional Services Rev June 2,2010 C;\Users\Mark\AppData\Local\Microsoft\Windows\Ternporary Internet Files\Content.Outlook\G804W9LA\Contract ClI 138116· Ghirardelii Associates Inc.doc 11/t5/2010 11115/2010 OE)(C717561lC 11115/201t 06101/2010 :siSlgelltsiand employe!lj$j;'1I$" Ad(litlot:l"lln:su~eqa$(~~pe()is:. ~ttal!:h~'~Jc>rl1l ' '" ahcb, ~,tl I\,b era,,! Icfa.pplile$',on, , primary basis Per 4aj-Q45i ',respects Alito LIabilitY' per 'SOrIl7.Aflasreql;l ir~~bYWfi{ien ' City ~f PilloA.lto Purc;h~$lng8tCot:ltril,ct Admin. P;O; Box 102511 Pajo Alto,'PA 9430~ 1 ()f 2 A80V,E,Ci,!l,SC:R.lB,'I~'O i'\:i~iciElll~ C"NOEL,"~Q iI~,.qA~THEEj("'I'!A'rI,ON I1 .... T'IiTtlIl"!"~I""lHI>I!i5UIr~U' INB\JREAWII,LEN~EAVOR TO;"A!L ,,-ML D~vsw.l'llnEN N01IO&:T0.1rHE"CEitn;I()ATi: JjOLOER' NAMeil TO THIi LEft; ilUT fAILUR,S'lO 0,0 $,OSf!AtL . '.' . . . -. '. ~llrlQhts reserved" namealid Iqgo,ar~ regIstered mf;ll1!90lACORD IMPORTANT . ' .. ' .. '" -.. ". lI!lned~rtiilcate Mldet'is ahADDITIONALINSIJHEO;;ti:lt(P '«(~$)mIlI~l'~'~' $o~rsecl,. t\.~1~I~ni~Qf ()pl~1~certIfl6iiie does iitlr¢Qnfelrl~htsfotMcQrtllf()at~L ". rinill:wof~uolt~nqQrs~mel'li(!!)i .. Ir§IJ.~@'~U~Ar.JON IS WAIVE()jsubja6ttQlh~.t$rm$aiidCdMltll)l)$QfJh~,P9IiCY;i~Q~aIOPo'li(:i.es rI)~Y r~q\,ll~ .E(ti.e.~dorsemSnI.A.$ta'tei11eilfon'lhls cfliUUCaled~a:nQt;QQtlt",r (lg~~!?490)hEl qer!lii~9t~: h6Jq~(I!'ineu pfsuch endQrsi3trient(s); . . .. '. ' ... " _'.N," . ...- th~C!:mJfloat.~Qf.jriSur~ri<ie:a()as riotc()Mtitnt~!a . conttacJb~tWeenlh~ is.s~JogIQfiUr~!{~).!~tJt~~i~~9 representative ··or .• rJr&dU~(lr/afid. ethEl ceitilioate.·· .• ljolder.rli)r' :qQ$~lt$ffirrn(itivelyj)Jh~gatl\lely,!l!nQnd,. el(!~l'1d o'r.(iit~t,'th~ q(j~ar~ge~ff()rd~db>qne,Pbli6i~listE!d.tMreon; . ... . . . ACORtl .~5 (200~'01) #S94e7821M947()5~ O.ALlrQFi~tACQMMEROIALGENERAL LIABILITY $~ECIAL BRQA.IlENING eNDORSEMENT . ·C6MIVlEa¢J:~L,GfSNI!RAL..LIAeILlTY·OOVI;FtAgEPARr· PollcyNumbfm' InslI.ret: PoUcy PJ!tiQd: 'ZOFa~2t~i(fijQ Mas$Q()~u$enfJQay ·ll)SlJranctfOQmj)ahY NQvemb~f"15,2Q1QtpNoveitJbei 15,20t1. 1.A~ditl9nal;ll'I$vr~d byPontr.act;Agreement or Perm.it .Urtdef'SectIQo Ii' -'WhoHrAI}Jnsure~, •. paragrapf) 4,i$'~gdedMf()lIows: 4; a. AnYperSQhOr;.Qtga!iizationwhttwl19mY9u. ~9re(ilc.tl~ElCe\.l~,E! ora. WfUte,'npontract, ,written agreeJtl~nt,Qr permiHoe'rovld~·lh.~uranqe;lsanJnsll(ep, bl)tqnIYWn~:r~$peQt to: . . . (1f ·Y9~tw6rW' for,the additionalin$ureq(s)at·thel{)c~ti.on q~,ghat~di(l.i~ecohtra9t'~Q:raementol' pe'r'mllfor . . ..' .... ..... . . . '" ." . .' .. '.' . .. .' .' . . '. '. .'. (2) Pr~01lse~,Y()l(;own, r~ot, I(ilS$6 ()rQ!Xll!~Y .. rh'%'ir'l$Gr~!1be',applieson a>ptimary basIs. if that is . r(lqulr~dbyth.ewrltt$nI)9Wact ,writ~eha9re~n:tE!f\f6rpermlt . . .' . I), ThlspfOVisiohdoas not.apply: --~'~------+h lJpf,~$~.J~.~ ~rm~OC()htraot·.or written ·agreem$riihli$/b,~~rr ~XE!QU.tE~.~o~ •. p~rmitha$J~e.aT\ issUed .P*~rtotli~'~66HnYIr\jurY";'·!prop~rtYdamag(1", "pers.QI)E\I:injQry" 'Qr"~(ly.ert{~16QI~lUJY",. .' .'. .'. (~l T9anyc'j)e~()i:i ororgMI~atlon jnC;IU<:leda~!in InslJ r~9'byanendof§e!Tit;}'ntlssuedby: tis and inadQ part6Hhll:tCoverage Part.. . .... .' . . . . '.' ..' .... . (?)l:'oanY'pEirsQn;Qrci:rgani~atiQn i('!Oh.lPeQ{ls I:l;O .ir,n~i.!reduhder itent adl thIS;$ndor$ement: (4)T Q any Ii:!$so[of e:QulprtieQt:.. . .. .'. .' .. (a} ;Aft'l3r.lhEHlq~pm~nt le~~e 6,xplres;6r .... . ..... ...... ..... . .... .' (b)lft~~"~o~jl.~irilu:rY'. ~property damag~'~f "iH~r:$,onaIJnli:n1or ~aclv~rn~iOg.inJu.fYi'~tl$~s.c$4t 1)1 ~PI.e O€lgligericeof ttlelessor;. . '. . {5} 1;o'al1f' .... ..... ... ' .' . .. '.' .' '.. . .. . . '. '.' . '. ......... ."' . (a) 'Owners ur,otMr·lnterest$.Jr.om\Yhom!~nq .~a9 beeol~<l,~epWhichtaRes Rlaceafterthe..leaS9 . ..for Ihe land ffxplr4$S';5lr . .' .... ....... . .. (b)'~.a erl?'QrIEl~$9rs.ofpremi~~sil:. . ....... .... .... ..... . ., (i) .' . Qqcurl'eo()Ei:l~k!:)~.pla()tfanar:you Qeasetobe,fl.t~~anflnlhat premj~~S;'Qr, (\1) t .6 "~odi.I.Y if,iiWyti;' ~propertydarti'age'!i"per~onal Inn,lry~' qr"~~~t)df~lngldJury" ariSEls, 94fof . 's!rUctl;lr~li\llerat(ons,' heW construction orge,rnQliti90 QPer~tlpri$ R.~rfor,t\~dby;Qt·()n behalf of th1fmanager or lesSbr, . . .. Page 16f f T:H~$ E.~D()R~gM!=NT qHANGJ;§'tH~P()M9y,p4e'Atlt=IiEAPITGARJSFULLY. Ottier··lnsura,np~''''·~r.lntarY~IJ~:N911~gciritr'bt1t"ry' (Addltl~tnilll~lsuri;lcl) ThISendo(sement.'modifles·lnsuranoeprovlded.under fhefQiloWlng: ¢oMMe~qJ~LGgNt::RAI;:L,!I(BILITY ebV~RP.GEP.AF{1 The fOiloW/ngls. adc!edloSe.Qtlon 1\1 ",Cptl1merQtElI GenQral Llablllty.qondltl()n~1 4.·0t~erlrisq.ranc~ a'.· Ac1drtt()n$jJnSl.Irfn{. 'ali-rawrltten O!;lntractl'wrl{t~n '... '-qrp~rmiFfhatthe Insurahce prtiv(de\;Fto:ai'iy,per~oriior 'orgahIZBtl9t1 fI)Cll.id'd.~!lal1 ;6,.ddltlQnaIJn1;lVr~q .~nd~r $eQ~i()n If ''''WhQ . is, .. A" Iht'lt,lreq, Is prl,ri1~1Y a,nt;ln()rt"ton~tlbutory,lhi:ffOI[oWlriQ ~p:plles; iqali~ .sflQcolleQ nC~'.I$ ..1tl tha;·Adell· ..fot~ IClslJ'\'11eq9yer LJ~~er qQYElr~glilsAorB.of thIs ., 'Pl'ltl. ow obllQatl91'1s are Umlteas,.oW$.: 1~Priln~ryJn~uranQ~ Thlslrisul'MoefsprlrnarY to. other Ins~ranc.a tha~ I~ ·av~nl'.lbIEi. tQ (be A'daltlQ"~1 . " wttlcDoovers tlie' AddltlQri~1 . . . . $!S ..a ..N~n1\,q Insur~d; We~wlnI'lQrf>e~lf PQnb'lbutl(;l1') from· -ta(ly'bti1~i,;, . Insurance . avallabla'ld theAd(lftli)n~'ln$ured'ex~pt: I. Fpr lnE)$dle,n~$II9.~MEl,~f the. , Addlltotiallri~uraq; n, wh~J11he!.· In~tlred Is' an . AtidlUol'laL . ..i1dtiit 'an6tnel' ;prlm.ryJI~blltlypolit,iY;Qr !II. wh~1'I 2,;b(lIQw;ap,RU~$; Iftnls Inl:luranca A$i primary/out ob!lgat!~n$ f.lr~··nQta.ffE!pted<.!JnlE!$!J;. ~nVQf'lij~.Cllh~r lMWanoelsal$,O . '. . T~Ii!{;lwe .wIlJ~l:l.BrecV)llttl all '.' ,:9tfier ... , by tn~ Olslbl:id'dEle Wi . 2. e)(Qo$liilns~~nca ·Thl$Jhsur,al1tia·.i~~l\C$~$(lVer: martha .l'JtherJnstirf,llloEt, . . .... . prImal'}', ' .. '. ~XOe$~i contingent or oirany other ba.sll:J:, (Il) Ttlal' is ffl'~j. ~l(t~n~~(f '. ()Qyef~gliJ,!3unp~r,'s RisK Installation Qt' slmltst QQverl\lga( work"; ··(tif T~~tqs,Flt~Jp~@~noB fai p(~fillges,rl1Ittled J~ 1h!). . .. t j nsuteOQI" !yoocopJsij .by the .. d itionaLrnGtj~adwltl1 par'!tls~I~9flh~qWJlerf . (1;:) That' :Is . )flSl.ltEmc$. ql:!y tli~ i'\suiecttcf coVer . "al. inaur~d~lj; Ilpropeny .. ~a~~1~! ffb p~ 'r~llte,d . tp lhlil Mot te y by lb~ . '.. . Mqlt).QQfJl, .. ' ... ~l~b ~erI111s~i9il6f llii:)ownEtrf or . NJ If Cl~~ flrl~~$QUfQOh~ or( ;or.useQf ~a~t9I1r,' .. '.pr .. '. .,'19th~eK\E!ntliot fJM .••. I~ot;~~)(~I(j$!On'9.·· Of $~QOQn] .· .... ,GoversS9A. .... Bpdl!y}nJgtY"l;id Property Oall,iagQ ... t;.tClpIUty, Wh~n 11116 1I'i(l.ura.l'lQ~ . WiiJW!ni1~'1Q n,odlityul1r;jet Opvi:l" .. ... B.todar!llnd tMlrltll.lfl:ld !lIgall1$.t El,hY"~Q!l" It'i'lOyqlhs[ '. .'. .... ht\$ . ... . ...... ito,' dE.lfe~atha InEiQl'ed ..Ihe . "Ifnet othar '1(isuter ·9~ .... d§,WE!'IIiJll.!l1q~(t~~~Jod()~9! D4t'f'.E! WIIlI:)EI$'rt~iUii!a . 'sured's ';lg~ts egalnsl ali lhbs,Qther . Wht;1n this 1t19l.lraOQe 1& exc~tlilver'oth(lr it'lsuisr\9$; wa Will pay ,onfy" oUr share . Qflbe IiImol,ll1tQflh,lqss. If tllny. that e~().!3dstlle, $\lfl)Qf: 421·0452 06 07lncluds!fcopyrlghted nlalerlalofln5.\Jmnc!,! SerVl(leSO/llQo!),Ino .• Wllh lis penn's~ron pl1gl!~lol2 l' ;i t , . I (1) Tl1etotalal11qutlt that ",Usucnot.her .. ' 1(1~llr~nC~~q~ld p'~¥f9r lheloE!slnlli!l absence'of !hl~ Insurancerar<l (2.) ,[Ile totat .Qf all ({edu~Uble~od.$Ellf . in.sufedamot.lnts undet·a.llthatother IhsorsAG:e.. '.' ...... ' . '. '. ...... .... .< We arQfhe.r~nQIO$s·>lt;1:l "h any. fhsurahqe'!snofdespr. Ih tlil$l;)(qJ9~~lhsur~r1¢$pXQ'lIEiJQtI Mel WllIfi.ool b9yg~t·.apeclfJcally·tq·applyil:i·titX~.$Gf)thE! I.fmlls "of .' J 'aode ·shown.lif 'tHe D!icl$rc!tIQns qf "(lVer~gElPart :tP(l&.t~9dqfaHaiil'ltf If' Air ".oJ' tI'le . other Jnsumnae; lle,rIll1t$ 9f)OI(lb.ut[em by eEl(l'.f~,·\V@:wll.l[fQllqW thlSmeU'icdal~('J. ... Ihl$ appr9aoh:e:aClj 111$~r~r'qol1trlbut~~ .• f:!q~~! ..... ·1~!.Innllt h~sp~!~!f$ appll¢~t)I~ !!rl11~ ." ....... r~l)ceor nl:r~aJ')ftlleIO$!:fi'emalh$,.WI:i.ohever(lOirU;$ "(st. ". lrarlY9.r.t.bf.lqlhM'I?~~f'ij~E!;~Qes)nblperliJ't CQntr.ll?tit(on·lly>.~qual :ah$(a~s, wa y~I!1 QP.(1tribu~.,t~y._II[!1I~~·.; , "C .. i·. each IfultlrEir's sn$t.eils' ;0"..... 1 {Is.. . IImi~()f'lmwrEfnG~t();!h~ fo(al apple .'~ Qnfc\$ur~o:caClfj~IIJ!1~urersi I j j ! l ! P.OlicY'f\Jumber: 57UECAE1074 AOOITIONJ\LIt9.$1.J RJSD~ND RIGHTS OF REOO\,l.ERY AGAINST OTHERS This e/1QQrse.me,ntmodifiesinsurahde p()vided.under·th~.·.fonowlng: BUSINESS AUTO OQ'lERAOEJ=QIlM .. . l ... ···.·.··.~' .. ··:.· A. Anyp~rson QrQrganiz~tiohWhQ 'YQU/:\r$ required byoonttaot'lonama aaactdniqoal tn~u.(~cf I~an 'i!gs4r!3(i" \'()rL,.J\$I~)JVGQ. ..' E but only 1Q 1h$~xienl th~tiP~,~ . . I3,tl()l1qya\ifI9~a& I:lO ·in~i,l(~~:··vridert6eWHOls·ANINSUREDprQ\li$iooof$ec .. UOn ll'-l.l.Al3. . B:Agc:, '8\ For any . per$phO(9rganl~f;\li~!l'19r 'fIhom·yoRare,reqyir~cil:>.YcOQUa9ito\PrO:Yle~~cwalVet bfsUbr •.. '0. the Loss. GondlliOii>-TRANSFER()F' RIGHTS OF' RECOVEAYAGAINST OTHERS TO is applioable.· .. ." . ..... ...., ... ' .. Form HA991301.87Printe.d'ln U.$.A. I I I ATTACHMENT B AMENDMENT NO. 1 TO CONTRACT NO. C09129591 BETWEEN THE CITY OF PALO ALTO AND MARK THOMAS, INC. This Amendment No. 1 to Contract No. C09129591 ("Contract ll ) is entered into November 23,2010, by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and Mark Thomas and Company, Inc., a California Corporation, located at 618 Walnut Street, Suite 204, San Carlos, CA 94070 (PH) 650-363-8277 "CONTRACTOR"). R E CIT A L S: WHEREAS, the Contract was entered into between the parties for the provision of Design Servicesj and WHEREAS, the parties wish to amend the Contractj NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. . Section I, Scope of Services i is hereby amended to read as follows: "CONSULTANT shall perform the Services described in Exhibit "A" and in Exhibit "A-I" in accordance with the terms and condi tions contained in this Agreement.' The performance of all services shall be, to the reasonable satisfaction of CITY." SECTION 2. Section 2. TERM; is hereby amended to read as follows: "The Term of this Agreement shall be from the date of its execution through completion of Construction, estimated to be through August, 2011." SECTION 3. Section 4. NOT TO EXCEED COMPENSATIONi is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Eight Thousand Six Hundred Dollars ($258,600.00). In the event Additional Services are authorized, the total compensation for these additional services and reimbursable expenses shall not exceed Thirty Four Thousand Nine Hundred Dollars ($34,900.00). The applicable rates and schedule of payment are set out in Exhibit "C", entitled "COMPENSATION, /I which is attached to and made a part of this Agreement. 1 101109 sm 010 I I j , ! 1 Additional Services, if any, shall be authorized in accordance with and subj ect to the provisions of Exhibit "e". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "AU and Exhibit "A-I." The following exhibit(s) to the Contract is/are hereby amended and/or attached to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this refer ence: a. Exhibit "A-l" entitled "Scope of Services for CONTRUCTION SUPPORT". b. Exhibit "C" entitled "Compensation". Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED: City Manager MARK THOMAS & COMPANY, INC. Name: Richard K. Tanaka Ti tIe: President APPROVED AS TO FORM: Senior Asst. City Attorney Attachments: EXHIBIT. "A-l": EXHIBIT nc": 101109 Sill 010 SCOPE OF SERVICES for CONSTRUCTION SUPPORT COMPENSATION 2 1 I :1 I I i , Exhibit A-l Scope 'of Work for Construction StaJdng ofdae El Camino ReaJIStBn(Ord Avenue CIty of Palo Alto CONSTRUCTION STAKING TASK SUMMARY: Mark Thomas & Company, Inc., (MfCo) will provid~ one set of stakes for the following Tasks 3-6, Additional staking (ie. staking beyond that described herein, or restalcing due to lost or destroyed stakes) will be performed asapprolled by the Resident Bngineer and eompettSated lUI extra work. ' Construction staking services will be petfonned in accordiutce with the work 8S outlined in Chapter 12 of the Caltrans Surveys Manual; Constl'Uction Surveys daited September. 2006, lind will consist of construction survey services. including field surveys and the necessary office support to coordinate staking requirements with the Resident Engineer. . Talk 1 -Project !\.faDagement (51,530) MTCo will perKoIDl project managemQllt for the survey tasks. mco will attettd the Pre~ Construction Kickoff Meeting and Ii total ofthree(3) site visits andlor weekly: project meetings with the city andlm constrilction management consultant 10 coordinate the staking. Task 2 -Control Verification (1 crew mobUlzation) ($2,963) Using conventional survey total station instruments, c1ifferentiallevels and global positioning system total stations, MTCo will check and verify project control points, and establish additional control points neeeSSlllY for the survey layout for con.stniction. Task 3'-Clearing Limit~ for Rough Grade and Demo (1 erew mobUizatlon) (53,714) Provide "paint spots" for points along the. proposed face of curb at each quadrant and median. 111e paint spots will be used by the contractor to establish the "sawcut" lines. MTCo will'mark the beginning and end ~ftbe Cold Plan limits. ' Task 4 -Finish Grade Stakes (2 erew mobilizations) (57,448) 101109 sm 010 Provide offset stakes for Finish Grade at 50 foot intervals along tangents, 25 foot intervals along curves, including all Be's, BC's, CR's, Angle Points and grade breaks for curb. gutter & sidewalk and mediaD. Stake!! will bo ,set at the back of sidewalk to be used for maoomy seats. One stake will be Bet at oenre, Hne of each pedestrian lamp and driveway approach. Task 5 -Drain Systems (1 erew mobilizations) Provide offset stakes fot drain systems I & 2. Two offset stakes will be provided for drain inlets and catch basins. . Task 6 -Utility (Sewer, Water, Gas, Electrical) (1 crew Dlobiliz.t1ons) ($3,724) Provide stakes for: 7 street lights. Traffic lights win be staked by contractor from curb stakes. These elements will be staked with 2 straddlers showing cullfill to top of curb or to flnish grade if not controlled by adjacent facilities Of adjacent construction staking. Off..gefstakes will be provided for relocation of sewer, water and gas lines and will be stake at the same time. Total fee !fI.'~' •• '." ••••• ""' •• """"""'.'."""""" •••••• , ........................... :...... $%3,113 3 101109 sm 0]0 This proposal ex~udes the following tasks: . Staking Erosion Control. Staking Temporary Railing (Typo K). Staking Electrical equipment, Vaults, Conduit and Signals except as noted in Task 6. Staking Construction Area signs. . As ~uilt Surveys to verifY quantities. ASliumptloos and Contractor RespoosibUifies: 1. Requested Crew Mobilizationa in excess of Ihat listed for each task shall be pre-authorlzed by the Resident Engineer and billed as extra work above the contracted amount. . 2. Coordinate construction operations so that areas to' receive stakes are relatively clear of conatruction equipment aCtivity, in order that stakes can be set in safe and expeditious manner. ' 3. After a survey request is received and the survey field crews are mobilized 10 an area that is not ready for stakes. the Resident Engineer win be chftrged a minimum of 4 hours offield crew time as an extra above the contracted amount. '. 4. Discuss scheduling of staking needs by Providing a 3 week look-ahead schedule of operations and time estimates and discuss staking needsl()perations with MTCo Surveys. ' 5. Requests for oonstruction stokes to be a minimum of 48 hOllrs in advance of starting ,an operation that will use the stakes. Friday to Monday does not constitute 48 hoU1'9 notice. In the event that II staking operation is estimated to tAke more than one day to complete, add 24 hours to the minimum 48 hours advance notice for eaoh estimated additional day. 6. Su\;lmit requests for conshllction stakes ensuring that tho requested staking a~a is ready for stakes and that the stakes yvill begin to be used within 5 days of staking. 7. Establish priorities for t:equested construction stakes and note the priorities on the staking request if none is given the staking will take place in the order received. . 8. Preserve all construction stakes. 9. Set all "flat·work" stakes (i.e. Ubluetops"). 10. If the area or filoility.is not prepared s~tisfactorily for the stakes, liS determined by the Resident Engineer. the staking request will be voided by the Resident Engineer and tbe Contractor shall submit a new request for the stakes when the area or facility bas been properly prepared. 11. If the staking provided appears to have discrepancies or is ambiguolls, a request for clariftcatioD must be received within 24 hours of the time of staking. If the original .staking provided has undergone unit oODversion. altered or disturbed then thc contractor assumes all responsibility of the accuracy of the conversions andlor alterations. 4 j EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULT ANT for professional services performed in accordance with the terms and conditions of this Agreement~ and as set forth in the budget schedule below. Compensation shall be paid based on the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULT ANT under this Agreement for all services described in Exhibit "A" and in Exhibit "A-I" ("Basic Services") and reimbursable expenses shall not exceed $258~600.00. CONSULTANT agrees to complete all Basic Services~ including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation for the Additional Services shall not exceed $34,900.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead~ secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement oftravel and meal expenses for City of Palo Alto employees. B. Long distance telephone cellular phone, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $250.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. SCHEDULE OF COSTS PER TASK (Tasks A-I through A-14) 5 101109 sm 010 SCHEDULE OF COSTS PER TASK FOR CONSTRUCTION SUPPORT: j Construction Support Budget by Firm: MTCo Construction Staking $23,100.00 Task 1 $1,530 Task 2 $2,963 Task 3 $3,724 Task 4 $7,448 TaskS $3,724 Task 6 $3,724 MTCo Civil construction support $27,700.00 Task A-I $2,816 TaskA-2 $9,324 TaskA-3 $2,048 TaskA-4 $2,048 TaskA-5 $3,528 TaskA-6 $6,216 TaskA-7 $1,728 Callander Landscaping Support $10,600.00 Task 4 $10,600 Fehr & Peers Electrical Support $ 7,000.00 Contingency (15% of Subtotal) $10,300.00 Total Construction Support: $78,700.00 7 101109 sm 010 OFFICES CuperliriO Fres.no I'lemonion SocrOmenlo Solin.o~ StinJose San MolElo Coun,y Walnul Creek mARK THOMAS 8, COMPANY, INC. Providing EJ19.ineerillg, Surveying and Planning Services July 29, 2010 Ms. Shahla Yazdy City of Palo Alto Pl;mning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 File No: SM-09102 Be: El Camino ReaVStanjordAl'enue Intersection Improvements Project EXTRA WORK REQUEST #2 .... Construction Support Services Dear Shahla: Per your request I am pleased to provide this extra work proposal to provide project Construction Support Services. It is our understanding that you will be administering the constluction contract either with City staff or with an outside construction management firm. We would be providing construction support services to assist you and the construction manager with the following tasks: • Additional bid support including answering bid period inquiries and attending pre-bid meeting as needed • Attend pte-construction and/or construction meetings as needed • Provi<ie Construction Staking (p~r attached proposal) • Answer Requests for Information (RFIs) from the City or Contractor during construction • Clarify intent of plans and specifications· as requested by City or Contractor • Review Contractor shop drawings • Assist City with review of Contract Change Order (CCO) requests • Attend periodic field reviews to assess progress of work The following work is not included in this proposal: • Provide Daily Construction Inspection • Manage or administer the construction contract • Provide construction materials testing services • Prepare "As-Built" plan drawings The construction support would be provided by our own staff or by subconsultant staff as needed. Proposals for construction support from our subconsultants are attached for reference. 618 Walnut Street, Suite 204, Son Carlos, CA 94070 www.markthomas.com Tef: (650) 363·8277 Fox: (650) 363-8279 Ms,Shahla Yazdy July29, lOlO Page 2 of2 In. addition, We are including a 15% contingency amounnhat would only be used as approved by the City's projecttnanager. This would be used to cover additional, unanticipated, construction support needs that may come up or to cover extended services as listed above should the construction support effort required be more than anticipated. The following table summarizes our estimate of construction support budget by party with a 15% contingency included. . Construction Support Budget by Party MTCo Construction Staking $23,100 MTCo Civil construction support $27,700 Callander Landscaping support $10,600 Fehr & Peers Electrical support $7,000 Contingency (15% ofsubtQta1) $10,300 Total Construction Support: $78,700 All construction support work would be charged on a time and materials basis per the terms of the original contract. Work would not exceed the propOsed budget allocations without prior authorization from the City. We look forward to continuing to work with you and the City on this very important project If you need additional information or have any questions,please call me at (650) 363-8277. Sincerely, MARK THOMAS & COMPANY, INC. en, P.E. Senior Project Manager Attachments: (A) MTCo construction staking proposal (B) MTCo civil engineering construction support budget breakdown (C) Callander Associates landscaping construction support proposal (D) Fehr & Peers electrical engineering construction support proposal EXHIBIT "A" Scope of Work for Construction Staking of the EI Camino Real/Stanford Avenue City of Palo Alto CONSTRUCTION STAKING TASK SUMMARY: Mark Thomas & Company, Inc. (MTCo) will provide one set of stakes for the following Tasks 3-6. Additional staking (i.e. staking beyond that described herein, or restaking due to lost or destroyed stakes) will be perfonned as approved by the Resident Engineer and compensated as extra work. Construction staking services will be perfonned in accordance with the work as outlined in Chapter 12 of the Caltrans Surveys Manual; Construction Surveys dated September, 2006, and will consist of construction survey services, including field surveys and the necessary office support to coordinate staking requirements with the Resident Engineer. Task 1 -Project Management ($1,530) MTCo will perfonll project management for the survey tasks. MTC6 will attend the Pre Construction Kickoff Meeting and a total of three (3) site visits and/or weekly project meetings with the city and/or construction management consultant to coordinate the staking. Task 2 -Control Verification (1 crew mobilization) ($2,963) Using conventional survey total station instruments, differential levels and global positioning system total stations, MTCo will check and verifY project control points, and establish additional control points necessary for the survey layout for construction. Task 3 -Clearing Limits for Rough Grade and Demo (1 crew mobilization) ($3,724) Provide "paint spots" for points along the proposed face of curb at each quadrant and median. The paint spots will be used by the contractor to establish the "sawcut" lines. MTCo will mark the beginning and end of the Cold Plan limits. Task 4 -Finish Grade Stakes (2 crew mobilizations) ($7,448) Provide offset stakes for Finish Grade at 50 foot intervals along tangents, 25 foot intervals along curves, including all EC's, BC's, CR's, Angle Points and grade breaks for curb, gutter & sidewalk and median. Stakes will he set at the back of sidewalk to be used for masonry seats. One stake will be set at center line of each pedestrian ramp and driveway approach. Page 1 6/4/10 Page 2 614110 Task 5 -Drain Systems (1 crew mobilizations) ($3,724) Provide offset stakes for drain systems 1 & 2. Two offset stakes will be provided for drain inlets and catch basins. Task 6 -Utility (Sewer, Water, Gas, Electrical) (1 crew mobilizations) ($3,724) Provide stakes for: 7 street lights. Traffic lights will be staked by contractor from curb stakes. These elements will be staked with 2 straddlers showing cut/fill to top of curb or to finish grade if not controlled by adjacent facilities or adjacent construction staking. Off-set stakes will be provided for relocation of sewer, water and gas lines and will be stake at the same time. Total fee .............. ...... ... ....... ... ................... .... .... ........ ..... ... .......... $23,113 This proposal excludes the following tasks: Staking Erosion ControL Staking Temporary Railing (Type K). Staking Electrical equipment, Vaults, Conduit and Signals except as noted in Task 6. Staking Construction Area signs. As Built S\lrveys to verify quantities. Assumptions and Contractor Responsibilities: 1. Requested Crew Mobilizations in excess of that listed for each task shall be pre-authorized by the Resident Engineer and billed as extra work above the contracted amount. 2. Coordinate construction operations so that areas to receive stakes are relatively clear of construction equipment activity, in order that stakes can be set in safe and expeditious manner. 3. After a survey request is received and the survey field crews are mobilized to an area that is not ready for stakes, the Resident Engineer will be charged a minimum of 4 hours of field crew time as an extra above the contracted amount. 4. Discuss scheduling of staking needs by providing a 3 week look-ahead schedule of operations and time estimates and discuss staking needs/operations with MTCo Surveys. 5. Requests for construction stakes to be a minimum of 48 hours in advance of starting an operation that will use the stakes. Friday to Monday does not constitute 48 hours notice. In the event that a staking operation is estimated to take more than one day to complete, add 24 hours to the minimum 48 hours advance notice for each estimated additional day. 6. Submit requests for construction stakes ensuring that the requested staking area is ready for stakes and that the stakes will beginto be used within 5 days of staking. 7. Establish priorities for requested construction stakes and note the priorities on the staking request if none is given the staking will take place in the order received. 8. Preserve all construction stakes. 9. Set all "flat-work" stakes (i.e. "bluetops"). Page 3 614110 10. If the area or facility is not prepared satisfactorily for the stakes, as detennined by the Resident Engineer, the staking request will be voided by the Resident Engineer and the Contractor shall submit a new request for the stakes when the area or facility has been properly prepared. 11. If the staking provided appears to have discrepancies or is ambiguous, a request for clarification must be received within 24 hours of the time of staking. If the original staking provided has undergone unit conversion, altered or disturbed then the contractor assumes all responsibility of the accuracy of the conversions andlor alterations. Task Description Stakes Stakes/Day days hou Project 1 Project Management 0 1 1.00 9.0 1530 2 Project Control 0 0 0.75 6.75 $1,688 10 2,963 3 ClearinQ Limits 60 60 1.00 9.00 $2,250 12 $1474 3,724 4 Finish Grade Stakes 80 40 2.00 18.00 $4,500 23. $2,948 7448 5 Storm Drain 20 20 1.00 9.00 $2,250 12 $1,474 3,724 6 Utility (Sewer, Water, Gas, Electrical) 20 20 1.00 9.00 $2,250 12 $1,474 3,724 Pro ect totals 5.75 51. $8647 $23,114 hours-cost EI Camino stake count Page 1 of 1 City of Palo Alto EI Camino Real/Stanford Avenue Streetscape Project Proposed Not-to-Exceed Construction Support Budget 7/29/2010 MTCoHours Brad Karsten Design MTCo TASK Leveen Adam Engineer Support Cost 5192.00 $105.00 (A) .Construction Support A.l Attend Pre-bid, Pre-Construction and/or Construction Meetings 8 8 A.2 Answer Requests for Information (RFls) during Bidding and Construction 12 36 A.3 ClaritY Intent on Plans & Specs 4 8 A.4 Review Contractor Shop Drawings 4 8 A.S Review Contract Change Orders (CCO's) 4 12 A.6 Periodic Field Reviews 8 24 A.7 Subconsultant Co 4 6 Total Hours 44 102 Mark Thomas and Company, Inc. Page I of I Copy of ECR-Stanford Construction Support -Fee Proposal Rev,3 7/29/2010 Via Email Only May 11,2010 ADDITIONAL SERVICES AUTHORIZATION #3/construction administration services TO: Mr. Brad Leveen, Senior Project Manager Mark Thomas & Company, Inc. 618 Wa1nut Street, Suite 204 Phone: San Carlos, CA 94070 Fax: (650) 363-8277 (650) 363-8279 RE: PALO ALTO EL CAMINO REAL AT STANFORD AVE Iconstruction administration As a follow-up to your email correspondence on May 6th requesting a cost proposal for providing construction support to the City of Palo Alto, we have prepared the following proposaL These additional services would be provided in accordance with our agreement dated May 5, 2009 and are considered an amendment thereto: Palo Alto El Camino Real at Stanford A venue is set to begin construction in the coming months. To assist the City during contractor activities, we are proposing the following construction administration services for your review. Scope 4.0 CONSTRUCTION ADMINISTRATION 4.01 Pre-Construction Phase a. Attend a pre-bid site walk. b. Respond to requests for information and prepare a single addendum if necessary. 4.02 Construction Phase a. Attend the pre-construction meeting. b. Attend up to (2) meetings as requested by the City. c. Perform up to (3) site visits or reviews as required by the specifications during construction activities followed up by written field reports. d. Provide clarifications of the contract documents in response to request by the Contractor. e. Review submittals and respond to contractor rfi's. Additional Services Authorization #3 RE: PALO ALTO EL CAMINO REAL AT STANFORD A VENUEI construction administration services May 11,2010 Page 2 f. Attend substantial completion walk-through and provide "punch list" items. 4.03 Post-Construction a. Attend a final inspection with City staff. b. Review record drawings and incorporate addenda, change orders, field notes, etc. into a single as-built set of drawings. Provide one set of mylar reproducibles and electronic files. Compensation 4.0 Bidding & Construction Admin.{ hourly, not to exceed) Reimbursables $9,942 Totals $10,637 Total (ASA #3) ........................................................................................................ $10,637 Schedule Callander Associates will proceed to complete the above services concurrently with completion of our other services after receipt of signed copy. Signatures Landscape Architect J?,~A~ ~~'" 05/11/10 Brian Fletcher, ASLA, Principal Callander Associates Landscape Architecture, Inc. 09027 ASA-CMBF.doc © copyrighted 2010 Callander Associates Landscape Architecture, Inc. date Agreed and authorized to proceed on behalf of Mark Thomas & Company Inc.: (signature of Iluthorized representative) (date) (printed name) May 28,2010 Brad Leveen Mark Thomas & Company, Inc. 618 Walnut Street, Suite 204 San Carlos, CA 94070 \ 11> FEHR & PEERS TRANSPORTATION CONSULTANTS Re: EI Camino Real and Stanford Avenue Streetscape Project, Palo Alto, CA Traffic Engineering Services -Construction Support Amendment Dear Brad: SJ09-1100 Per your request, this amendment presents the additional scope of work to perform construction support services for the EI Camino Real and Stanford Avenue Streetscape project in the City of Palo Alto, CA. Fehr & Peers can assist the client's and/or City's project staff by providing bidding and construction support services. We have assumed up to 40 hours of a Senior Engineer's time for these services. Tasks that may be requested as part of these services include: • Answer inquiries from the Contractor during bid and/or construction period • Attend pre-bid, pre-construction and/or construction meetings • Review shop drawings and vendor submittals of the proposed equipment as submitted by the Contractor • Assist with construction coordination with PG&E and/or telephone companies • Review change orders prepared by the Contractor during construction • Assist with re-designs based upon differing field conditions • Prepare as-built plans at the end of construction using Contractor mark ups We can provide construction support for the project on a time and materials basis for a fee not to exceed $7,000 and using the same standard billing rates, terms and conditions as the original contract for this project. We look forward to continuing our work with you on this project. Please call if you have questions. Sincerely, FEHR & PEERS Angela R. Obeso, C 64786 Is licensed by the Board for Professional Engineers and Land Surveyors -ti::!;,'i he~v Senior Transportation Engineer Rob Rees, RCE No. 49620 Is licensed by the Board for Professional Engineers and Land Surveyors Rob Rees, P.E. Principal ACCEPTED BY: Mark Thomas & Company, Inc. Signature: ________________ _ Printed Name: ___________ _ Drue: __________________ ___ 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278-1700 Fax (408) 278-1717 www.(ehrandpeers.com ATTACHMENT C NOT YET APPROVED Resolution No. ---- Resolution of the Council of the City of Palo Alto Approving Amendment No.1 to the Agreement Between the City of Palo Alto and the State of California for Maintenance of State Highways in the City of Palo Alto to Add Maintenance Provisions for the El Camino Real/Stanford Avenue Streetscape and Intersection Improvements Project (CIP PL-07002) WHEREAS, the State of California, through the Department of Transportation, has presented an Amendment No.1 ("Amendment 1") to the Agreement for Maintenance of State Highways in the City of Palo Alto ("Agreement"), entered into on July 7,2007; and WHEREAS, the City Council is familiar with the Agreement and with the rights and duties of the Department of Transportation and the City of Palo Alto ("City") under that Agreement; and WHEREAS, the parties wish to amend the Agreement by adding Amendment 1 to address maintenance of new improvements installed at the intersection of Stanford Avenue and State Highway Route 82 as part of City's Capital Improvement Project CIP PL-07002;and WHEREAS, Amendment 1 would become effective as of ,,--__ and would remain in effect until ame'nded or terminated as provided in the Agreement. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: The City Council resolves that Amendment No. 1 to the Agreement for Maintenance of the State Highways in the City of Palo Alto is hereby approved. III III /II III III III 101101 dm 8261480 ! I I i ~ j , I j I _1 . ! I I l I I i NOT YET APPROVED SECTION 2. The City Manager and/or hislher designee is hereby authorized and directed to execute the same for and on behalf of the City of Palo Alto, and the City Clerk is authorized and directed to attest his signature. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Sr. Deputy City Attorney City Manager Director of Planning & Comm. Environment 101I0l dm 8261480 ATTACHMENT D AMENDMENT NUMBER 1 TO AGREEMENT Amendment No.1 DMAPA BETWEEN THE CITY OF PALO ALTO AND THE STATE OF CALIFORNIA FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF PALO ALTO This Amendment No. 1 to "AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF PALO ALTO" is entered into this day of _____ , 2010 by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and the STATE OF CALIFORNIA, acting by and through the Department of Transportation ("STATE") and collectively referred to as ("PARTIES"). RECITALS: WHEREAS, an Agreement for Maintenance of State Highways in the City of PALO ALTO as provided for in section 130 of the Streets and Highways Code, was executed and made effective on July 1, 2007 ("AGREEMENT"); and WHEREAS, under State Encroachment Permit No. (STATE Project EA 04-4A730), CITY will install improvements at the intersection of Stanford Avenue and State Highway Route 82, including re-alignment, new comer bulb-out, enhanced paving cross walle, pedestrian refuges, and decorative signal poles ("IMPROVEMENTS"); and WHEREAS, the AGREEMENT has already prescribed PARTIES maintenance responsibility for most portions of the IMPROVEMENTS, except the two IMPROVEMENTS items: "decorative signal poles" and "enhanced paving cross walk"; and WHEREAS, PARTIES hereto now desire to amend the AGREEMENT to assign the maintenance responsibility for the above said two items. NOW, THEREFORE, in consideration of the covenants, tern1s, conditions, and provisions of the AGREEMENT, the PARTIES agree: SECTION 1. Exhibit A to the AGREEMENT is hereby amended ~nly to add Footnote 9 to Pages 5 and 7 to read as set forth in the attachment to this Amendment, which are incorporated in full by this reference. In all other respects, AGREEMENT shall remain in full force and effect. SECTION 2 This Amendment No. 1 to AGREEMENT shall become effective ori 2010, and shall remain in full force and effect until amended or tenninated as --------'.-- provided in Article Xli of AGREEMENT. THE CITY OF PALO ALTO City Manager Attest: City Clerk Approved as to form: City Attorney Attachment: Amendment No. 1 DMAPA STATE OF CALIFORNJA DEPARTMENT OF TRANSPORTATION CINDY MCKIM Director of Transportation NADER ESHGHIPOUR District 4 -Deputy District Director Maintenance Date: __________ _ EXHBIT A: DELEGATION OF MAINTENANCE AS AMENDED BY AMENDMENT NO.1 DMAPA Effective July 1,2007 Amendment No.1, September 2010 EXHIBIT "A" DELEGATION OF MAINTENANCE The specific maintenance function indicated below and on EXHIBIT B is hereby delegated to the CITY. This delegation of maintenance function set forth herein does not include the control and maintenance areas and functions which rest with the CITY under the terms of executed Freeway Agreements and/or Freeway Maintenance Agreements. Route No. 35 82 Length . Miles 1.44 4.02 Description of Routing Program Delegated Skyline Boulevard, from the south city None limits at Engineer's Station 163+70 to city limits at Engineer's Station 161 +00, a length of 0.05 mile for this portion; also from Engineer's Station 158+70 to Engineer's Station 156+40, a length of 0.05 mile for this portion; also, from city limits at Engineer's Station 143+80 to city limits at Engineer's Station 138+30, a length of 0.1 0 mile for this portion; also, from city limits at Engineer's station 135+60 to city limits at Engineer's Station 115+00, a length of 0.39 mile for this portion; also, from city limits at Engineer's Station 110+22 to city limits at Engineer's Station 94+00, a length of 0.31 mile for this portion; also, from city limits at Engineer's Station 88+60 to north city limits at Engineer's Station 60+00, a total length of 1.44 miles. El Camino Real, from southeast city limits at Adobe Creek to northwest city limits at San Francisquito Creek; a length of 4.02 miles Footnotes 1,2,3,4,5,6, 7, 8, 9* Total Expenditure Route 82 HM2C HM2D HM2E HM4K * Added by Amendment No.1 Page 5 of 12 Maximum Annual Authorized Expenditme $ 0.00 $ 0.00 $ 34,000.00 $ 0.00 $ 3,500.00 $ 37,500.00 DMAPA Effective July 1,2007 Amendment No.1, September 2010 EXHIBIT "AI! Maximum Almual Route Length Program Authorized No. Miles Description of Routing Delegated Expenditure 101 3.62 Bayshore Freeway, from southeast city None $ 0.00 limits, I AOO' southeast of San Antonio Road Overcrossing to city limits at San Mateo County line at San Francisquito Creek, a length of3.62 miles, of which half width from city limits 1,400' southeast of San Antonio Road Overcrossing to city limits at San Antonio Road Overcrossing; a length of 0.27 mile lies within the City. 280 0.05 Junipero Serra Freeway, from city limits None $ 0.00 1,800' north of Page Mill Road Undercrossing to city limits 2,050' north of Page Mill Road Undercrossing; a length of 0.05 mile. TOTAL AUTHORlZED EXPENDITURE $ 37,500.00 Footnotes: 1. Length of street to be cleaned-15.2 curb miles. 2. STATE will maintain lighting connected with State traffic signal circuits. CITY will maintain other authorized intersection lighting. STATE will paliicipate in energy costs as shown on Exhibit B. 3. CITY will maintain, at CITY expense, all portions ofthe University Avenue structure across EI Camino Real above the bridge deck (see Exhibit C), except as provided for hereinafter. STATE will perform structural maintenance of bridge rails. CITY at CITY expense, will provide for cleaning and painting of bridge rails. 4. Maintenance of landscaped areas or other ornamental plantings in the median area, except in the vicinity of the University Avenue Overcrossing, will be performed by the CITY at no expense to the STATE. The STATE will maintain landscaping in the vicinity of the University A venue Overcrossing. 5. STATE will issue permits for encroachments between curb lines. CITY will issue pennits for encroachments between curb line and right of way line on each side (covered under a separate agreement). Page 6 of 12 DMAPA Effective July 1, 2007 Amendment No.1, September 2010 EXHIBIT flA" Footnotes (continued): 6. CITY will regulate temporary street closures on El Camino Real (State Route 82) in accordance with Palo Alto Ordinance No. 2593 as approved by the Department of Public Works on July 21,1971. 7. STATE shall maintain drainage structures and waterways, including storm drainage grates. 8. Hardscaping, installed by CITY under encroachment permit, in the median will be maintained by CITY, at CITY expense, Unplanted and paved. medians will be maintained by STATE, at STATE expense. 9. * CITY will maintain the "Decorative Signal Poles" and "Asphalt Concrete Colored Coating" for Cross Walk installed by CITY under Encroachment Pelmit No. at the intersection of Stanford Avenue and State Route 82. Maintenance ------ shall include repair, repaint and replacement of all non-STATE standard signal pole features, when needed; STATE will continue to operate and maintain the signal and safety lighting at this intersection. * Added by Amendment No. 1 Page 7 of 12 DMAPA Effective July 1,2007 Amendment No.1, September 2010 EXHIBIT HAH / HM2E LANDSCAPING This provides for plant replacement, watering, fertilizing, removal and trimming oftrees and shrubs and control of weeds in planted areas. Monolithic curb and gutter in medians: Curb and gutter units located in either landscaped or hardscaped medians will be maintained by CITY, at CITY expense. HM4K ELECTRICAL This includes maintenance work performed on highway electrical facilities including flashing beacons, traffic signals, traffic signal systems, safety lighting and sign lighting. It also includes the electrical energy for these items. The STATE will not pay for the maintenance, installation, repair, servicing, or power for ordinary street lighting. However, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by the STATE will be paid for when specifically authorized by the District Director. Where such lighting has been authOlized, the maintenance and energy costs thereof shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection lmder each jurisdiction bears to the total number of legs. The authorized lights are listed in Exhibit B. The cost of maintaining traffic signals or other electrically operated traffic devices and safety lighting now in place or those which may hereafter be installed at the intersection of any STATE highway route and any CITY street shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The same principle of cost distribution shall apply to freeway interchanges. The above does not apply ifthere is an Electrical Facility Cost Shruing Agreement in force. EXHIBIT "D" The attached Exhibit "D" summarizes in tabular form, for convenience, the requirements described in this Exhibit A. In the event of any discrepancy between Exhibit "A" and Exhibit "D", Exhibit "A" will govern over Exhibit "D". Page 9 of 12