HomeMy WebLinkAboutStaff Report 3375
City of Palo Alto (ID # 3375)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 3/4/2013
City of Palo Alto Page 1
Summary Title: On-Call Transportation Consultant Contracts
Title: Approval of On-Call Transportation Consultant Contract with TJKM
Transportation Consultants for a Total of $281,820 to Implement Bicycle &
Pedestrian Transportation Plan and to Provide Project Support Services
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council approve and authorize the City Manager or designee to execute
contract with TJKM Transportation Consultants (Attachment A) in the amount of $281,820 for
On-Call Traffic Engineering & Transportation Planning Services.
Background
The City adopted the Palo Alto - Bicycle & Pedestrian Transportation Plan 2012 in July 2012 and
has made implementation of the Plan a priority. The plan identifies future bicycle and
pedestrian transportation facilities, including bicycle boulevards, enhanced bikeways, off-road
trail opportunities, etc. Subsequent to completion of a Request for Proposals (RFP) process, the
City identified two firms to complete several key projects and to provide on-call traffic
engineering & transportation planning services. Hexagon Transportation Consultants was
awarded a contract through a City Manager authorization process, as the contract amount was
less than $85,000. This staff report requests approval of a contract with TJKM Transportation
Consultants, to complete three specific projects and provide project support services focused
on the implementation of the Bicycle & Pedestrian Transportation Plan 2012.
The City has identified five immediate projects to complete for the on-call work:
1. High Street One-Way to Two-Way Conversion Traffic Study (Hexagon)
This traffic study includes evaluating the conversion of High Street between Lytton
Avenue and Homer Avenue from a one-way to two-way street, or for select blocks of
that segment. The active 801 Homer Street development project on the corner of Alma
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Street and Homer Street, when completed, will provide a contraflow bicycle lane
between Alma Street and High Street. The City is responsible for studying bicycle routes
beyond the contraflow bicycle lane facility to support access into the Downtown; the
conversion of High Street to a two-way street between Forest Avenue and Homer Street
will provides the Downtown link.
2. Wilkie Way Bicycle & Pedestrian Path Connection Project (Hexagon)
The City has an active Capital Improvement Program (CIP) project to build a pedestrian
and bicycle path from Wilkie Way to the Summer Hill development at El Camino Real &
Deodar Street to provide connectivity to the public park located within the community.
This project was identified in the Bicycle and Pedestrian Plan 2012 and consists of a 10
feet wide by 130 feet long path with fencing and landscaping. The purpose of this traffic
study is to determine the impacts in terms of pedestrian and bicycle traffic diversion to
this new path and to measure changes in the parking occupancy rate on Wilkie Way.
3. Embarcadero Road Traffic Improvements (El Camino Real to Palo Alto High School Ped
Xing) (TJKM)
This traffic study includes identifying civil engineering improvement opportunities along
Embarcadero Road to improve roadway operations between El Camino Real and the
Palo Alto High School Pedestrian Crossing, including the Town & Country Shopping
Center Driveway. This segment of Embarcadero Road is the focus of frequent
community requests for improvement. Palo Alto High School is in the process of
implementing on-site improvements to the campus and there may be opportunities to
reroute on-site trails on the campus to help eliminate the need for one of the signalized
intersections on Embarcadero Road to improve efficiency. The City will also be studying
options to improve signal coordination with the Embarcadero Road & El Camino Real
intersection operated and maintained by the State of California – Department of
Transportation, Caltrans.
4. Embarcadero/Newell Roads School-Focused Traffic Signal Timing Study (TJKM)
This study includes studying the intersection of Embarcadero Road & Newell Road for
time-of-day pedestrian-only signal intervals consistent with those already in place at
Embarcadero Road & Middlefield Road. This is a recommended improvement from the
Fairmeadow School – Safe Routes to School evaluation and supports school-commute
activities to both Fairmeadow School and JLS Middle School. Pedestrian-only signal
intervals will be considered between 7:30AM-8:30AM and 2:00PM-3:00PM.
5. Maybell Avenue-Donald Drive-Georgia Avenue Bicycle Boulevard (TJKM)
Maybell Avenue is identified as an existing Bicycle Boulevard in the City’s Bicycle &
Pedestrian Transportation Plan 2012 between El Camino Real and Donald Drive between
Arastradero Road and Georgia Avenue and Georgia Avenue between Donald Drive and
the Palo Alto High School Trail entry. Staff intends to prepare a set of improvement
plans to improve the Maybell Avenue Bicycle Boulevard and implement the new bicycle
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boulevards treatments on Donald Drive and Georgia Avenue. The three streets together
serve predominantly student bicyclists attending Gunn High School, Terman Middle
School, and Juana Briones Elementary School. This study will develop new concept
signage and striping improvement plans for the consideration of the community.
Discussion
The City received five proposals in response to the RFP solicitation for the On-Call Traffic
Engineering and Transportation Planning services project. Three of the firms were selected for
interviewing and two selected for award of contracts consistent with the RFP. A contract with
Hexagon Transportation Consultants was awarded seperately by the Purchasing Manager, and
this staff report is for Council approval of a contract with TJKM Transportation Consultants.
The solicitation and selection process is outlined below.
City of Palo Alto Page 4
Summary of Solicitation Process
Proposal Description/Number On-Call Traffic Engineering & Transportation Planning
Project
Proposed Length of Contract: 1 year (with additional 1 yr renewal option)
Total Days to Respond to RFP: 25 days
Pre-proposal Meeting Date: August 29, 2012 via Teleconference
Number of Proposals Received: 5
Proposals Received from: Location (City, State) Selected for
oral interview?
TJKM Pleasanton, CA Yes
Fehr & Peers San Jose, CA Yes
Hexagon San Jose, CA Yes
AECOM San Jose, CA No
Hatch Mott MacDonald Gilroy, CA No
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, and
Fee
The City released an (RFP) for the design of the On-call Traffic Engineering & Transportation
Planning Project on August 24, 2012. A pre-bidders teleconference was held on August 29,
2012 to help provide background regarding the projects. Five proposals were received in
response to the RFP. An evaluation committee consisting of Public Works, Utilities Electrical
Operations and Transportation staff reviewed the proposals and recommended the short-listing
of three consultant teams based on proposal content and criteria identified in the RFP.
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Three firms were invited to participate in oral interviews held on October 23, 2012. Two
consultants, Hexagon and TJKM, were selected for the projects because they demonstrated
superior knowledge of traffic engineering and the ability to complete the projects in a timely
fashion.
Hexagon Consultants was chosen to complete the High Street One–Way to Two-Way
Conversion Study and the Wilkie Way Bicycle & Pedestrian Path Project. Staff feels that
Hexagon Consultants demonstrated successful completion of various traffic studies and will
provide staff with the necessary data required to complete the assessment of the projects.
TJKM Consultants were chosen to complete the studies at Embarcadero Road, the Maybell-
Donald-Georgia Avenue Bicycle Boulevard project and the Project Support Services role for the
Transportation Department. TJKM demonstrated strong skills in completing similar traffic
engineering projects. The proposed candidate for the Project Support Services role
demonstrated strong skills in AutoCad and Microstation for the development of signing and
striping plans that would include innovative bicycle and pedestrian facility design.
The contract with Hexagon Transportation Consultants for the studies at Wilkie Way and High
Street is for a total amount of $61,425 and does not require Council approval for execution.
The Contract with TJKM Transportation Consultants for the traffic studies at Embarcadero
Road, Maybell-Donald- Georgia and project support services is for a total of $281,820 and is
addressed in this Staff Report.
Timeline
Immediately upon execution of a contract, staff will meet with the Consultant teams to get
them started on each of the projects described above. The study phase of these projects also
includes multiple community meetings as well as public hearing with the Planning and
Transportation Commission and City Council. Staff estimates all studies, with the exception of
the Project Support Services role, will be completed within one year.
Resource Impact
Funding in the amount of $343,245 for the traffic studies is included in the Capital
Improvement Program through various transportation-focused projects, including PL-00026
(Safe Routes to School), PL-04010 (Bicycle & Pedestrian Transportation Plan – Implementation
Project), PL-12000 (Parking & Transportation Improvements), and the General Fund –
Transportation Division Staffing.
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Policy Implications
The City’s Comprehensive Plan recommends that the City strive to accommodate all modes of
travel in its street system. Consistent with this Comprehensive Plan goal, the proposed traffic
studies ensure that “Goal T-4: An efficient Roadway Network is provided for all users, including
motor vehicles, transit vehicles, bicyclists and pedestrians” is effectuated.
Program T-18: “Develop and periodically update a comprehensive bicycle plan”
was also amended by Council in July 2012 to include the updated Bicycle and Pedestrian
Transportation Plan, which updates and supersedes the 2003 Plan.
Environmental Review
No environmental review is required for the proposed traffic studies. The findings of each
study though may be used to complete future enviromnetal studies.
Attachments:
Attachment A: Contract with TJKM Consultants (PDF)
Attachment B: Correspondence Received (PDF)
CITY OF PALO ALTO CONTRACT NO. C13147610
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND
TJKM TRANSPORTATION CONSULTAl~TS
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of March, 2013, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and TJKM TRANSPORTATION CONSULTANTS, a California corporation, located at 4305
Hacienda Drive, Suite 550, Pleasanton, CA. 94588, Telephone (925) 463-0611 ("CONSUL TANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to begin implementation of the recently adopted Bicycle & Pedestrian
Transportation Plan 2012 and other traffic engineering projects as required. ("Project") and desires
to engage a consultant to provide traffic engineering and transportation planning services in
connection with the 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 of the 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 March, 212013 through September 31,2014 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 ofthis
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 shall be commenced and completed by CONSULTANT in a reasonably prompt and
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timely manner based upon the circumstances and direction communicated to the CONSULT ANT.
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.
The applicable rates and schedule of payment are set out in Exhibit "C-l ", entitled "HOURLY
RATE SCHEDULE," which is attached to and made a part ofthis 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 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 Two Hundred
Eighty One Thousand Eight Hundred Twenty Dollars ($281,820.00). In the event Additional
Services are authorized, the total compensation for services and reimbursable expenses shall not
exceed Two Hundred Eighty One Thousand Eight Hundred Twenty Dollars ($281,820.00). The
applicable rates and schedule of payment are set out in Exhibit "C-I ", 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 subj ect 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 CONS ULT ANT's billing rates (set forth in Exhibit "C-I "). 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. CONSULTANTshall
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 subconsultants, ifpermitted,
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
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similar knowledge and skill engaged in related work throughout California under the same or similar
circumstance~.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state 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
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 C~TY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSUL TANT has prepared plans and specifications or other design
documents to construct the Proj ect, 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 of the 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
CONSULTANT 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. CONSULT ANT 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
ofthe city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The sub consultants authorized by CITY to
perform work on this Project are:
National Data and Surveying Services
8370 Wilshire Blvd. STB 205
Beverly Hills CA. 90211
Bicycle Solutions
450 Silver Ave. #3
San Francisco, CA. 94112
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Fehr & Peers
100 Pringle Avenue, Suite 600
Walnut Creek, CA. 94596
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be :fully responsible to CITY for all acts and omissions of a
sub consultant. 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 Chris Kinzel as the
Principal-in-Charge to have supervisory responsibility for the performance, progress, and execution
of the Services and Christopher Thnay as the Project Manager to represent CONSULTANT during
the day-to-day work on the Project. If circumstances cause the substitution of the project director,
project coordinator, or any other key personnel for any reason, the appointment of a substitute
project director 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 Jaime Rodriguez, Planning & Community Environmental Department,
Planning Transportation Division, 245 Hamilton Avenue, Palo Alto, CA 94303, Telephone (650)
329-2136, email 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 matcrials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation ofthe suitability ofthe
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 of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the :fullest extent permitted by law, CONSLlLTANT shall protect,
indenmify, defend and hold harmless CITY, its Council members, officers, employees and agents
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(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, rec1dessness, 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.
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 (lfthe same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit "D".
CONSUL TANT 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,
CONSULTANT 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 CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
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SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance 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, CONSULTANT will immediately
discontinue its performance of the Services.
19 .2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, 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 termination by 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 terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will
survive any expiration or termination ofthis 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 the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. 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
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conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the peliormance of this Agreement,
it will not employ sub consultants, 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 of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate fmancial 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 of the City's Zero Waste Program. Zero Waste
best practices include frrst 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 of 30% 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 of3 0% 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.
• 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
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24.1. This Agreement is subject to the fiscal provisions of the Charter ofthe City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty ( a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds· for this Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
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 of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
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 of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal inforination as defmed in California Civil Code section 1798.81. 5( d) about
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 of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City's express written consent.
25.9 All unchecked boxes do not apply to this agreement.
Professional Services
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IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO TJKM TRANSPORTATION
CONS~~TA.NTSIDr~~
By: \..:.:.---..... City Manager
Name: tJ C\.~a\J\ A'f\J'...\~
APPROVED AS TO FORM: 'P r-e <6.lde..tI\ \-
Senior Deputy City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l":
EXHIBIT "D":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
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TASK I:
EXHIBIT "A"
SCOPE OF SERVICES
EMBARCADERO ROAD TRAFFIC IMPROVEMENTS
CONSULT ANT shall evaluate the Embarcadero Road corridor and determine what civil or traffic
signal operation modifications are necessary to improve traffic operations along the corridor
between EI Camino Real and Palo Alto High School (Paly High) Pedestrian Crossing (Xing)
intersections.
CONSULTANT shall collect 12-hour turning movement counts (including separately banked
bicycle and pedestrian data) for the following three intersections:
1. Embarcadero RoadlEl Camino Real
2. Embarcadero RoadITown and County Shopping Center
3. Embarcadero RoadlPalo Alto High School Pedestrian Xing
CONSULTANT shall collect 24-hour counts on each approach of Embarcadero Road and each of
the project driveways for seven days. Upon completion of the data collection process,
CONSULTANT shall validate the data and develop Synchro model to evaluate existing conditions.
CONSULTANT shall develop base maps for the corridor and develop corridor improvements
alternatives (including but not limited to: signal modifications, removal or reconfiguration of the
intersections) in consultation with the City staff. Upon completion of development of corridor
improvements, CONSULTANT shall evaluate alternatives using Synchro model. Results of the
evaluation shall be compared to determine the effectiveness of each alternatives or combination of
alternatives to improve traffic operations along the study corridor.
CONSULTANT shall develop Concept Plan Line improvements for recommended alternative
identifying limits of civil, roadway markings and traffic signal improvements.
Upon completion of the development of Concept Plan Line, CONSULTANT shall develop Draft
Study Report summarizing the data collected, evaluation of existing conditions and future conditions
including the Concept Plan Line and submit to City staff for review and comment. Upon receipt of
comments from the City, the Study Report shall be revised to incorporate the comments and Final
Study Report shall be submitted to the City for approval.
CONSULTANT shall attend four community meetings as part of this project at City's request.
TASK II: ElVIBARCADERO ROAD SCHOOL-FOCUSED TRAFFIC SIGNAL
TIMING STUDY
CONSULTANT shall evaluate the feasibility of implementing a similar all-pedestrian signal interval
at the intersection of Embarcadero RoadlNewell Road and develop optimized signal timing plans for
the two intersections.
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The timing plan development process shall involve a collection of roadway, signal control, traffic
flow data, construction and calibration of a model, testing & final optimization of the model, and
implementation & refinement of the timing plans. CONSULTANT shall coordinate the effort
closely with City staff. CONSULTANT shall develop an in depth knowledge of existing traffic
conditions in the City, short-and long-term plans for transportation system improvements, and local
coordination/management priorities should be used to guide the development and operation of the
computer model and the model's ultimate application to develop the timing plans.
CONSlJLT MIT'S approach to preparing signal timing plans shall consist of the following sequence
of responsibilities:
• Conduct Field Visit • Develop Optimized Signal
• Define Network Timings
• Collect Data • Prepare a Simulation Model
• Conduct Before Study • Implement Timing Plans
• Develop Existing Model • Fine Tune Timing Plans
• Calibrate Existing Model • Conduct After Study
• Refine Signal Groupings • Prepare Project Report
CONSULTANT'S engineers shall consider a number of factors, such as:
Controlling Intersections and Locations -The following conditions shall require special attention
and a customized analysis using both computerized, off-the-shelf optimization software and manual
adjustments based on engineering experience: a) close signal spacing, which may require shorter
cycle lengths and/or metering of upstream traffic to prevent queue spill back from the downstream
signals and blockage of through lanes by left-turning vehicles; b) freeway interchanges, which often
result in unbalanced lane utilization; c) lane drop and dual left-turn lane locations; d) intersections of
major streets, which may require coordination along both arterials and may dictate the choice of
cycle length for both systems; and e) over-saturated intersections, which may operate better as
isolated, fully-actuated intersections. All of these conditions shall be recognized early on, since they
typically impose constraints on the treatment of other intersections in a system.
Pedestrian Timing -The minimum pedestrian timing may control cycle lengths. In situations where
pedestrian timing clearly affects the choice of coordination plans, additional analyses shall be
conducted to determine ways of reducing the adverse impacts on coordination of pedestrian timings.
Phasing An efficient coordination plan consists not only of the appropriate cycle lengths and
splits, but also the appropriate signal phasing. CONSULTANT shall investigate various alternatives
for lead-lag left-turn phasing, right-turn overlap phasing, and consider the adverse impacts of split
phasing on cycle length.
Critical Movements -In developing optimum timing plans, CONSULTANT shall give attention to
critical movements that could cause difticulties in signal operation. These critical movements shall
be identified in this task. An example is heavy left-turns without sufficient storage capacity. Another
example is heavy left turns from a side street feeding into a downstream signal that is only a short
Professional Services
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distance away. In other words, movements with greater coordination requirement may not be the
through movements in special cases. In addition, certain movements might be given higher priority.
For example, on heavy commute routes, the City may want to give the heavier direction as large a
band width as possible, even if the opposite direction is penalized. Considering these movements and
priorities in the timing plans is a matter of practicality.
Timing Parameters -A complete review of the existing phase timing data shall be conducted. Due
to the study signals ofthe actuated type, many ofthe timing parameters, such as minimum green (or
initial), unit extension ( or gap), and pedestrian walk and clearance intervals, could significantly
impact the efficiency of the coordinated timing plans, particularly with respect to allowable cycle
length and split. This review effort shall identifY modifications that shall improve signal
coordination as well as isolated signal operatio~. In exceptional cases, modification of the signal
phasing might be worthy of consideration. The CONSULTANT'S Team shall present all signal
operation related modifications to the City for review and approval.
CONSULTANT shall collect 12-hour (7:00 AM -,7:00 PM) turning movement counts at the
intersections of Embarcadero RoadlMiddlefield Road and Embarcadero Road/Newell Road. In
addition, CONSULTANT shall also collect queue lengths in the field while collecting turning
movement counts so that the Synchro model can be calibrated for existing conditions.
Upon completion of data collection, CONSULTANT shall develop Synchro model for existing
conditions. Synchro model shall be calibrated and validated to existing conditions based on the data
collected. Calibrated Synchro model shall be used to determine the feasibility of implementing all
pedestrian signal interval at the intersection of Embarcadero Road/N ewell Road. If it is determined
the implementation is feasible and it can result in improved traffic and pedestrian operations
CONSULTANT shall develop optimized signal timing plans for the two intersections with all
pedestrian signal interval. The optimized signal timing plans shall be submitted to City for review
and approvaL Upon approval from City staff CONSULTANT shall develop timing sheets in City
preferred format.
CONS UL TANT shall develop Draft Study Report for the proj ect, summarizing the data collection,
evaluation of existing conditions and evaluation of proposed conditions. The Draft Study Report
shall also include timing sheets for optimized signal timings at the two study intersections. Upon
receipt of comments from City staff, the report shall be revised to incorporate the comments and the
Final Study Report shall be submitted to the City for approval.
Task III: MAYBELL-DONALD-GEORGIA BIKE BOIlLEVARD
Maybell Avenue is an existing bicycle boulevard that provides a connection between El Camino
Real and west Palo Alto parallel to Arastradero Road. This corridor serves students at Gunn High
School, Terman Middle School, and Juana Briones Elementary School. Existing traffic calming
improvements along Maybell Avenue include speed humps, center lines and striped medians, and a
short section of striped bike lanes, which help to manage vehicle speeds so the speed differential
between bicyclists and drivers is reduced, reducing the risk of and severity of potential bicycle
related collisions. The purpose of this project is to improve the Maybell A venue Bike Boulevard,
and extend a bike boulevard to Donald Drive and Georgia Avenue to connect to Gunn High School,
the Gunn High School Bike Path, and other local destinations. The City has a separate ongoing'
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citywide Safe Routes to School project to develop a Walk and Roll to School map for the area
surrounding these schools.
Data Compilation
CONSULTANT shall request available traffic volume, speed surveys and bicycle and pedestrian
counts from the City on each of the three streets: Maybell Avenue, Donald Drive, and Georgia
Avenue. No new traffic counts are proposed as part of this task. In addition, field visits during the
morning school arrival and afternoon school dismissal shall be conducted to review existing bicycle
facilities and observe pedestrian, bicyclist, and driver travel patterns, behavior, and interactions. The
data and summary of CONSULTANT'S field observations shall be compiled for presentation during
the first community meeting.
Develop Preliminary Concept Plans
Three key design and operational issues require to be addressed in planning and design of bicycle
boulevards. CONSULTANT shall address the following:
1. Appropriate volume and speed: Shall the streets require additional measures to reduce
the speed and volume of vehicles?
2. Number of bicycle stops required: Stopping and starting requires significant energy
and bicyclists often ignore stop signs when they perceive them as unnecessary. Are
there
opportunities to remove stop signs (flip signs or remove and replace with traffic circles
for example) to reduce delay for cyclists on the bike boulevard?
3. Crossing arterials: Bike boulevards are often one-street off of an arterial (in this
case, Arastradero Road), the crossings of perpendicular arterials can be challenging.
Shall the subject bike boulevard require enhanced crossing treatments at arterials?
A base map ofthe study area shall be developed using available aerial photography. CONSULTANT
shall prepare Concept Plans to depict preliminary improvement options for Maybell A venue, Donald
Drive, and Georgia Avenue. The City anticipates potential improvements to include traffic calming
enhancements, signing and striping, geometric modifications at intersections, and potential
landscape and streetscape improvements along the corridor. Additional bicycle crossing treatments
at the E1 Camino ReallMaybell A venue-EI Camino Way intersection shall be developed (such as
bicycle signals, skip-striping through the intersection, bicycle turn lanes, and/or bike boxes).
CONSULT ANT shall coordinate this task with the Safe Routes to School program to ensure
improvements identified are consistent with the Walk and Roll to School maps. Administrative draft
concept plans shall be reviewed with City staff, and feedback shall be incorporated into the draft
plans. CONSULTANT shall present draft plan during the first community meeting to gather public
input. Modifications based on the public feedback shall be incorporated into the revised draft plans.
Develop Final Concept Plans
CONSUL T ANT shall take the revised plan back to the second community meeting to review
changes to the plans. Input from the community shall be incorporated before the administrative final
plans are taken to the public hearings.
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Community Meetings
CONSULTANT shall attend five community meetings as part of this project. These meetings
include:
• Two Community Meetings -first to gather input on key issues and draft concept
plans, second to review revised draft plans
• Palo Alto Bicycle Advisory Committee (P ABAC) meeting
• Planning & Transportation Committee me.eting
• City Council meeting
Project Team Meetings
CONSULTANT shall meet with City staff, at minimum, twice during the conduction of the study.
There shall be an initial project start-up meeting between CONSULTANT and City, prior to data
collection and a meeting to discuss preliminary concept plans.
Documentation
CONSULTANT shall prepare a memorandum report that summarizes the data compilation,
community feedback, and recommended concepts. CONSULTANT shall submit a draft report to the
City for review and comments. CONSULTANT shall have up to eight (8) hours of staff time to
respond to any comments on the draft and prepare a final version of the memorandum.
Task IV: PROJECT SUPPORT SERVICES
The CONSULTANT shall include as part of their team an Assistant Engineer-equivalent team
member that can provide staff project support to the City's Transportation Division. The
CONSULTANT'S team member shall have at least 3-5 years of working experience in the
development of signage & striping plans that include innovative bicycle and pedestrian facility
design. The team member shall be well-versed in AutoCAD or Microstation to be able to develop
one's improvement plans without the need for coordination by a CAD technician.
CONSULTANT shall provide a detailed resume that highlights the proposed team members
experience and include fully-burdened hourly rate structure. CONSULT ANT shall identify hourly
rates for additional positions that may be utilized to provide support to city projects as required
including graphic design, CAD technician, and community meeting facilitator. The City expects the
proposed CONSULTANT'S team member to be able to develop simple graphics on their own and to
develop CAD-based improvement plans independently without substantial training needs by the
City. The use of additional CONSULTANT'S team resources must be authorized by City project
manager.
The CONSULTANT'S team member shall meet with the City's project manager twice weekly to
receive assignments and review work The City shall provide a work area with computer and phone
access for use during these visits. Travel time for the CONSULTANT'S team member to arrive on
site to Palo Alto shall not be considered as reimbursable expenditures as part of this task
The City accepts the CONSULTANT'S proposed candidate Travis Richards, P.E., Transportation
Engineer, to provide staff project support to the Palo Alto Planning Community Environment
Department, Transportation Division. In the event Travis Richards cannot perform his duties or
vacates the position CONSULTANT shall supply the City with an alternate candidate per the
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Rev J=e 2, 2010
specifications stated above. The City reserves the right to select or reject any or all possible
candidates.
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Rev June 2, 2010
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perfonn the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the tenn of the Agreement. CONSULT ANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Milestones
L TASKI
EMBARCADERO ROAD TRAFFIC
IMPROVEMENTS
2. TASKII
EMBARCADERO ROAD SCHOOL
FOCUSED TRAFFIC SIGNAL
TIMING STUDY
3. TASKID
MA YBELL-DONALD-GEORGIA
BIKE BOULEVARD
4. TASKIV
PROJECT SUPPORT
SERVICES
Completion
No. of Days/Weeks
FromNTP
48 WEEKS
10 WEEKS
36 WEEKS
18 MONTHS
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Rev June 2, 2010
EXIllBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT 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 calculated based on the hourly rate schedule attached
as exhibit C-l up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONS1JLTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") includmg reimbursable expenses shall not exceed
$281,820.00. CONSULTANT agrees to complete all Basic Services and reimbursable
expenses within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $281,820.00. 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.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $281,820.00 and the total
compensation for Additional Services does not exceed $281,820.00.
BllDGET SCHEDULE
5. TASK I
(EMBARCADERO ROAD TRAFFIC
IMPROVEMENTS)
6. TASK II
(EMBARCADERO ROAD SCHOOL-
FOCUSED TRAFFIC SIGNAL
TIMING STUDY)
7. TASK III
(MA YBELL-DONALD-GEORGIA
BIKE BOULEVARD)
8. TASK IV
(pROJECT SUPPORT
SERVICES)
NOT TO EXCEED AMOUNT
$46,760.00
$15,030.00
$60,030
$157,000.00
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Sub-total Basic Services
Total Basic Services
Reimbursable Expenses
Additional Services (Not to Exceed)
Maximum Total Compensation
REIMBURSABLE EXPENSES
$278,820.00
$3000.00
$0.00
$278,820.00
$281,820.00
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 CONSULT ANT 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 of travel
and meal expenses for City of Palo Alto employees.
B. Plotting (per Sheet)
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $0.00 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 based on the rates set forth in Exhibit C-l. 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 ofthe services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
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Rev June 2, 2010
Principal
Principal Associate
Senior Associate
Associate
Senior Engineer
Engineer
Contracts Director
Assistant Engineer
Assistant Planner
Senior Designer
Graphics Designer
Designer
Technical Staff
Technical Staff II
Administrative Staff
Production Staff
EXIDBIT "C-1"
HOURLY RATE SCHEDULE
StaffProiect Support (T. Richard)
Plotting: ($18.00 Per Sheet)
$220
$200
$190
$160
$140
• $130
$120
$115
$85
$100
$100
$85
$80
$35
$80
$55
$110
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Rev June 2, 2010
EXIUBIT "D"
INSURANCE REQIDREMENTS
CONTRACTORS TO THE CTIY 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
WITHAMBEST'S KEY RATING OFA-:VII,ORHIGHER,LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN
THE STATE OF CALlF'ORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
I REQUIRED
MINIMUM LIMITS
TYPE OF COVERAGE REQUIREMENT EACH AGGREGATE OCCURRENCE
YES
YES
YES
YES
YES
YES
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 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILTIY 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 DAt"\1AGES $1,000,000
THE CITY OF P AI,O ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT,THEINSURANCECOVERAGEHEREINDESCRIBED,INSURINGNOTONLYCONTRACTORANDITSSUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDmONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE;
A. A PROVISION FOR A WRITTEN TIllRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL llABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. THE CITY'S RISK MANAGEMENT DEPARTMENT WILL ACCEPT A PROFESSIONAL LIABILITY
INSURANCE DEDUCTABLE AMOUNT OF $35,000.00. OR LESS.
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 TillS POllCY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRlBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POllCY SHALL
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Rev June 2, 2010
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF TIlE INSURED AGAINST ANOTImR, BUT THIS
ENDORSEMENT, AND TIlE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER TIllS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRA110N DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSVING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WlUTTEN NOTICE BEFORE THE EFFECTNE 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 EFFECTNE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURC.gASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
Professional Services
Rev June 2, 2010
L, "._.'
Gonsalves. Ronna 10
From: Stan Hutchings <stan.hutchings@gmail.com>
Sent:
To:
Thursday, February 21, 2013 11:10 AM \ 3 fEB 25 rn \2: 4£'
Council, City
Subject: Separated Bike Lanes, Slower Vehicle Speeds Greatly Reduce Bicycle Injuries
The research article and references are here:
http://www.sciencedaily.com/releases/2013/021130220131744.htm?utm source=feedburner&utm medium=em
ail&utm canlpaign=Feed%3A+sciencedaily+%28ScienceDaily%3A+Latest+Science+News%29
An excerpt:
"Our research demonstrates that transportation planners really need to segregate cyclists from motor vehicle traffic just as
we use sidewalks to separate pedestrians," says Harris. "If people see cycling as a safer activity, they would be more
encouraged to commute by bike, which makes them more active and healthy citizens."
One quick take-away-Bike Blvds should have a much lower speed limit, strictly enforced, ,than other streets.
Where possible, there should be physical separation, not just a painted stripe.
Regards,
Stan & Kiyomi Hutchings
285 Rinconada Ave.
46