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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 City of Palo Alto Page 2 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 City of Palo Alto Page 3 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. City of Palo Alto Page 5 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. City of Palo Alto Page 6 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 Professional Services Rev June 2, 2010 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 Professional Services Rev June 2, 2010 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 Professional Services Rev June 2,2010 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 Professional Services Rev JUlJe 2, 2010 (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. Professional Services Rev June 2, 2010 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 Professional Services Rev June 2, 2010 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 Professional Services Rev June 2, 2010 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 Rev June 2, 2010 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 Professional Services Rev June 2, 2010 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. Professional Services Rev June 2, 2010 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. Professional Services Rev June 2, 2010 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 Rev June 2, 2010 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' Professional Services Rev June 2, 2010 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. Professional Services Rev June 2, 2010 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 Professional Services Rev J=e 2, 2010 specifications stated above. The City reserves the right to select or reject any or all possible candidates. Professional Services 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 Professional Services 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 Professional Services Rev June 2, 2010 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 Professional Services 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 Professional Services 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 Professional Services 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