HomeMy WebLinkAboutStaff Report 10491
City of Palo Alto (ID # 10491)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 10/7/2019
City of Palo Alto Page 1
Summary Title: Contract for $121,000 with Sandis Civil Engineers for Churchill
Ave Enhanced Bikeway Project
Title: Approval of an Exemption From Competitive Solicitation and Approval
of Contract Number C20176858 With Sandis Civil Engineers for a Maximum
Not-to-Exceed Amount of $121,000 for Design Services Related to the
Churchill Avenue Enhanced Bikeway Project (PL- 14000)
From: City Manager
Lead Department: Transportation
Recommendation:
Staff recommends that the City Council approve an exemption from competitive solicitation
under PAMC 2.30.330 and authorize the City Manager or his designee to execute Contract No.
C20176858 with Sandis Civil Engineers Surveyors Planners (Attachment A) to provide
engineering design services to complete the design of the environmental assessment, final
plans, specifications, and cost estimates for the Churchill Avenue Enhanced Bikeway Project
(PL- 14000).
The total contract amount is not to exceed $121,000, which includes $96,000 for basic design
services and $25,000 for additional services. The term is for two years (2019-2021).
Background:
On March 17, 2014 (ID# 4372), Council awarded a one-year contract to Sandis Civil Engineers
Surveyors Planners for design and environmental assessment of the Churchill Avenue Enhanced
Bikeway Project (El Camino Real to Castilleja Avenue).
On January 20, 2015 (ID# 5421), City Council approved the Concept Plan for the Churchill
Avenue Bikeway Project.
Because of challenges regarding right-of-way and/or easement acquisition, preparation of the
City of Palo Alto Page 2
final plans, specifications, and estimates, as well as the environmental assessment, this project
was placed on hold in December 2015. During this period, staff negotiated an easement with
PAUSD. The design contract expired on December 30, 2015 and was extended to June 30, 2018
in order to complete the environmental assessment and final plans, specifications, and
estimates for the Churchill Avenue Improvement Project. This project was placed on hold in
Summer 2018 because of recent staffing shortages in the Office of Transportation. Staff is now
ready to finalize the project design plans and complete the design process.
Discussion:
Churchill Avenue Enhanced Bikeway Project provides improved facilities for all modes including
bicycles, pedestrians, and motor vehicles using Churchill Avenue and for vehicles turning into
Palo Alto High School. This corridor sees substantial use of bicycle and pedestrian activity as a
Safe Route to School and is also used by automobile commuters who travel north and south
through Palo Alto. Below is a summary of the proposed improvements for the Churchill Avenue
Enhanced Bikeway project:
• The proposed design plan extends the existing bicycle path along Churchill Avenue up to
the intersection with El Camino Real, where an improved crossing (at El Camino Real)
would connect to the Stanford Perimeter Trail and onto the Stanford University campus.
The proposed concept plan line includes extending the existing pathway that currently
terminates at the Palo Alto High School Driveway, to the west and terminating at El
Camino Real where the modified traffic signal would be designed to accommodate users
crossing El Camino Real.
• The design also includes a new decorative traffic signal pole at the intersection of El
Camino Real and Churchill Avenue, removal of the existing “pork chop” island, the
addition of a pedestrian crosswalk across the north leg of the intersection, and the
addition of a right-turn vehicle lane on westbound Churchill. Textured and color
treatments, enhanced vehicle detection, and connection to Stanford University campus
are also proposed as part of this modification, which also requires consultation with
Caltrans, Palo Alto Unified School District (PAUSD), and Stanford.
• Improvements also include striping updates on Churchill including high visibility
crosswalks. The intersection of Madrono and Churchill Avenue would also receive
intersection modification treatments that include a raised enhanced crosswalk that
would also act as a speed table. In addition, a sidewalk extension (bulb-out) on the
south corners of Castelleja Avenue is proposed in order to reduce the pedestrian
crossing distance and accommodate the rectangular rapid flashing beacons.
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The original contract expired before the work was completed during the time the project has
been on hold, and it cannot be amended. Therefore it is necessary to enter into a new contract.
Staff proposes to contract with the same consultant, Sandis Civil Engineers Surveyors Planners,
because this is a safety project and the consultant has all of the history and background needed
to complete the project. The City would like Sandis to continue and finish the work they started,
rather than to go out for another competitive solicitation process otherwise required by PAMC
2.30.330, which would add more delays and loss of valuable knowledge and background on the
project.
The proposed contract would be for a 2-year term, with additional funding to allow Sandis to
complete the design and provide related support services to the City during the construction
bidding. The project is designed to a 65% level and the City would like the Consultant, Sandis,
to complete the design and prepare construction documents for the project so that staff can
move forward with the project design and construction.
Because El Camino Real (Route 82) is a state highway, Caltrans is the lead agency and design
plans on El Camino Real will need to be submitted for their review and approval in order obtain
an encroachment permit needed for construction. As part of their review, Caltrans will require
additional studies and will have to review and approve all of the proposed changes made to the
intersection of El Camino. Funds are included as part of the Additional Services amount to cover
any other efforts and studies required for design approval. Additionally, staff will work with
PAUSD on this project.
Policy Implications:
The approval of this contract is consistent with existing City policies, including the Council
approved Bicycle + Pedestrian Transportation Plan goals and objectives. The plan objectives
that are advanced by the accommodation of bicyclists along this corridor include:
• Objective 1: Double the rate of bicycling for both local and total work commutes by
2020 (to 15% and 5%, respectively).
• Objective 2: Convert discretionary vehicle trips into walking and bicycling trips in order
to reduce City transportation-related greenhouse gas (GHG) emissions 15% by 2020.
• Objective 3: Develop a core network of shared paths, bikeways, and traffic-calmed
streets that connects business and residential districts, schools, parks, and open spaces
to promote healthy, active living.
• Objective 4: Plan, construct, and maintain ‘Complete Streets’ that are safe and
accessible to all modes and people of all ages and abilities.
• Objective 5: Promote efficient, sustainable, and creative use of limited public resources
through integrated design and planning.
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In addition, the Comprehensive Plan goals, policies, and programs that support the
accommodation of bicyclists on Embarcadero include:
Goal T-3: Facilities, Services, and Programs the Encourage and Promote Walking and
Bicycling.
Prog. T-19: Develop, periodically update, and implement a bicycle facilities improvement
program and a pedestrian facilities improvement program that identify and
prioritize critical pedestrian and bicycle links to parks, schools, retail centers,
and civic facilities.
Policy T-14: Improve pedestrian and bicycle access to and between local destination,
including public facilities, schools, parks, open space, employment districts,
shopping centers, and multi modal transit stations.
Policy T-25: When constructing or modifying roadways, plan for usage of the roadway
space by all users, including motor vehicles, transit vehicles, bicyclists, and
pedestrians.
Policy T-29: Make effective use of the traffic-carrying ability of Palo Alto’s major street
network without compromising the need of pedestrians and bicyclists also using
this network.
Resource Impact:
Funding in the amount of $121,000 for the design contract is available in the Churchill Avenue
Enhanced Bikeway Project (PL-14000).
Timeline:
Upon Council approval, staff will meet with Sandis Civil Engineers in order to update and
finalize the 65% design plans for City and Caltrans (State) review and will work with relevant
stakeholders. Staff estimates a return to Council for the approval of a construction contract by
Summer 2020.
Environmental Review:
The contract approval does not require an environmental review; however, given the nature of
the proposed improvements for the project, the project qualifies for a Class 1 Categorical
Exemption under California Environmental Quality Act (CEQA) Guidelines Section 15301. The
Class 1 exemption covers minor alterations to existing facilities so long as they involve no or
negligible expansion of use.
Attachments:
City of Palo Alto Page 5
Attachment A: C20176858 Sandis Contract (PDF)
CITY OF PALO ALTO CONTRACT NO. C20176858
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 7th day of October, 2019, (“Agreement”)
by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS, a California corporation, located
at 636 9th Street, Oakland, CA 94607, Telephone Number (510) 590-3421 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to improve the Churchill Avenue Corridor, Located in Palo Alto, California
(“Project”) and desires to engage a consultant to develop improvements 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, in
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through September 5, 2021
unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY’s
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and
reimbursable expenses, shall not exceed Ninety-Six Thousand Dollars ($96,000.00).
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CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this
amount. In the event Additional Services are authorized, the total compensation for Basic Services,
Additional Services and reimbursable expenses shall not exceed One-Hundred Twenty-One
Thousand Dollars ($121,000.00). The applicable rates and schedule of payment are set out at
Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this
Agreement. 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.
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 at Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable,
the invoice shall also describe the percentage of completion of each task. The information in
CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City’s project manager at the address specified in Section 13 below. The
City will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, 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 is solely responsible for costs, including,
but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s
errors and omissions, including, but not limited to, the costs of corrections such errors and omissions,
any change order markup costs, or costs arising from delay caused by the errors and omissions or
unreasonable delay in correcting the errors and omissions.
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%)
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of CITY’s stated construction budget, CONSULTANT shall make recommendations to 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 CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written consent of the city manager. Consent to one
assignment will not be deemed to be consent to any subsequent assignment. Any assignment made
without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to
be performed under this Agreement without the prior written authorization of the city manager or
designee.
Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
David J. Powers & Associates, Inc.
1871 The Alameda, Suite 200,
San Jose CA 95126
(408) 248-3500
PGAdesign Landscape Architects
444 17th Street Oakland CA 94612
(510) 465-1284
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
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jeff Setera as the
Principal-in-charge to have supervisory responsibility for the performance, progress, and execution
of the Services and Ron Sanzo 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
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the safety of persons or property.
CITY’s project manager is Shahla Yazdy, Office of Transportation, 250 Hamilton Avenue, Palo
Alto, CA 94303, Telephone: (650) 617-3151. The project manager will be CONSULTANT’s point
of contact with respect to performance, progress and execution of the Services. CITY may designate
an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining
to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify,
defend and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or any other loss, including all costs and
expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
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SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the
insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to
CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the
cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such
notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the
insurance are provided to CITY’s Chief Procurement Officer 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.
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
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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 of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of 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
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
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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 due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, 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 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 CITY’s Zero Waste Program. Zero Waste best practices
include first minimizing and reducing waste; second, reusing waste and third, recycling or
composting waste. In particular, CONSULTANT shall comply with the following zero waste
requirements:
(a) 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 CITY’s
Project Manager. Any submitted materials printed by a professional printing company
shall be a minimum of 30% or greater post-consumer material and printed with
vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with 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 Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional
cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62
(Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, CONSULTANT shall pay such
employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030
for each hour worked within the geographic boundaries of the City of Palo Alto. In addition,
CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance
with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This section shall take
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precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS
CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance and implementation of the Project in accordance
with SB 7 if the contract is not a public works contract, if the contract does not include a public
works construction project of more than $25,000, or the contract does not include a public works
alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than
$15,000.
OR
26.1 CONSULTANT is required to pay general prevailing wages as defined in
Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section
1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the
State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of worker
needed to execute the contract for this Project from the Director of the Department of Industrial Relations
(“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto.
CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall
pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the
provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and
1813, of the Labor Code pertaining to prevailing wages.
26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any
contract for public works construction, alteration, demolition, repair or maintenance.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. 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.
27.3. 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.
27.4. 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.
27.5. 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
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parties.
27.6. 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.
27.7. 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.
27.8 In the event of a conflict between the terms of this Agreement and the exhibits
hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict
between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control.
27.9 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULTANT personal information as defined 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.
27.10 All unchecked boxes do not apply to this Agreement.
27.11 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.
27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement.
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CONTRACT No. C20176858 SIGNATURE PAGE
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
City Manager (Required on contracts over
$85,000)
APPROVED AS TO FORM:
City Attorney or designee
(Required on Contracts over $25,000)
SANDIS CIVIL ENGINEERS
SURVEYORS PLANNERS
By:
Name:
Title:
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
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Jeffrey M. Setera
President
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EXHIBIT “A”
SCOPE OF SERVICES
The Scope of Services for this Agreement continues work that CONSULTANT previously provided as
described in City of Palo Alto Contract C14150008, which were services for the development of the
Churchill Avenue Corridor Improvements. Stages 1 through 3 are provided below as background
information; these stages summarized the services provided in Contract C14150008. The Scope of
Services for this Agreement is listed as “Stage 4” below.
Background – Previous Workplan (Stages 1-3)
Project Elements:
1. Plan Line Concepts and PEER/Encroachment Permit: CONSULTANT to determine the community
preferred alignment and improvements along the corridor and to coordinate closely with Caltrans
and CITY for development of innovative intersection treatments at the El Camino Real & Churchill
Avenue intersection. At the El Camino Real & Churchill Avenue intersection CITY seeks capacity
improvements along Churchill Avenue as well as project elements to better facilitate bicycle and
pedestrian movements across the intersection as well as transit improvements that will need to
be coordinated by the CONSULTANT with the Valley Transportation Authority (VTA)- Bus Rapid
Transit (BRT) program. The CONSULTANT will also be require to coordination with Stanford
University to coordination of project improvements with their Stanford Perimeter Trail Project - El
Camino Real segment and with the Palo Alto Unified School District for right-of-way interest and
operations improvements to their district offices located at 25 Churchill Avenue and Palo Alto High
School.
2. Environmental Analysis Study: CONSULTANT shall prepare an environmental analysis/assessment
for the community-preferred project alignment developed as part of Task 1 including any studies
required by CITY as part of the improvements for the El Camino Real & Churchill Avenue
intersection. It is assumed that the Permit Engineering Evaluation Report (PEER) submitted to
Caltrans during Stage 1 will be approved. The CONSULTANT shall prepare a focused traffic study to
identify appropriate intersection capacity treatments including the need for a micro simulation
model for use as part of the community outreach process for the project.
3. Development of Plans, Specifications & Engineer 's Estimate 's: CONSULTANT shall be responsible for
the development of PS&E for project including: traffic signal modifications, street lighting
improvements, sidewalk realignment and widening, drainage improvements, signage & striping,
innovative bicycle treatments, traffic calming elements, landscaping, wayfinding, and transit
improvements.
4. Additional Service: CONSULTANT shall provide as-needed support during the project life to assist CITY
in implementation of the project including, but not limited to: grant writing support and bidding
assistance should additional funding be identified for construction.
Stage 1 - Concept Plan Lines & Permit Engineering Evaluation Report/Encroachment Permit
CONSULTANT shall be responsible for the development of concept plan line alternatives for the Churchill
Avenue Corridor Improvement Project for the consideration of the Palo Alto community. CONSULTANT
shall participate in Community Outreach meetings to identify or further develop one of the alternatives into
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a Community Preferred Alignment Alternative. CITY anticipates identifying up to three alignment
alternatives for consideration of the community before finalizing a Community Preferred Alignment that
will be advanced and submitted with an Encroachment Permit and Permit Engineering Evaluation Report
(PEER) to Caltrans.
CONSULTANT will be responsible for outreach to and organizing meetings with the following agencies: Palo
Alto Community, Caltrans, Stanford University, and Palo Alto Unified School District.
CONSULTANT shall take into account the following Design Considerations as part of the development of
Plan Line Concept Alternatives:
• Utilities (Above and Below Ground)
• Real Property Acquisition (Temporary Construction Easements and Design)
• Safety
• Walk-ability, Bicycle Ride-ability, and Transit Connectivity
• Adjacent Public Facilities or Facilities of Interest such as Palo Alto High School, Stanford University,
Town & Country Shopping Center, and connection with existing and planned Bicycle Routes
• Project Mitigations to protect the Quality of Life for existing residential properties adjacent to the
proposed project area including the South Gate Neighborhood located south of Churchill Avenue
between the Caltrain Tracks to the East, El Camino Real to the west, and Stanford Avenue to the South
• Cost
After development of a Community Preferred Alignment Alternative for the Churchill Avenue Corridor
Improvement project the CONSULTANT shall begin coordination with Caltrans. CONSULTANT is proposing to
submit a Permit Engineering Evaluation Report (PEER) with the initial encroachment permit application.
Upon successful approval of the PEER with Caltrans the CONSULTANT will present the findings of the PEER to
the Palo Alto Bicycle Advisory Committee (PABAC), Planning & Transportation Commission (PTC), Palo Alto
Unified School District (PAUSD)-Board of Directors, and CITY Council for final approval.
CONSULTANT shall be required to participate in the following community outreach meetings during this
stage:
• Three (3) community outreach meetings
• Two (2) Palo Alto Bicycle Advisory Committee meetings
• Two (2) Palo Alto Unified School District meetings
• One (1) City-School Traffic Safety Committee meeting
• Two (2) PTC meetings, and
• One (1) City Council meeting.
CITY will be responsible for securing community meeting facilities. CONSULTANT shall be responsible for the
preparation of all outreach materials, including media ads to be coordinated for publication by CITY, meeting
notice flyers for mailing to residents by CITY, and community meeting presentations. The CONSULTANT shall also
serve as Scribe at all community.
Deliverables for Stage 1 should include the following items:
• 10% Design - Concept Plan Line Alignments
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• Preliminary Cost Estimates for alignment alternatives
• Identifying of Probable Impact and Mitigation Alternatives for neighborhood Quality of Life
preservation
• Final Caltrans Approved Permit Engineering Evaluation Report (PEER)
Stage 2 - Environmental Analysis Study
Upon approval of the Permit Engineering Evaluation Report (PEER) by Caltrans, review and approval of
required Environmental Analysis Studies will be transitioned over to CITY. CONSULTANT shall be responsible
for the development of the appropriate Environmental Analysis Studies required by CITY. The CONSULTANT
team includes an additional environmental CONSULTANT to provide oversight/input on Environmental
Analysis component of project. CONSULTANT, as part of the Environmental Analysis, shall also be responsible
for advancing the Community Preferred Concept Plan Line alternative into a 35% design stage.
It is assumed that the following technical studies will be required as part of the Environment Analysis component of
this project:
• Biological Resources • Air Quality/Green
• Hazards & Hazardous House Gas
Emissions Materials • Preliminary
• Transportation/Traffic Geotechnical
• Cultural Resources
• Hydrology/Water Quality
• Noise
The CONSULTANT's Team shall also identify any permits required from State and Federal Regulatory Agencies
(e.g., Caltrans, State Fish & Wildlife, Army Corps of Engineers, etc.).
CONSULTANT will be required to participate in the following community outreach meetings during this stage:
• Three (3) Community Outreach Meetings
• One (1) Study Session Planning & Transportation Commission
• One (1) Study Session City Council
• One (1) Presentation - Planning PAUSD Board of Directors
• One (1) Presentation/Approval - Palo Alto City Council
CITY will be responsible for securing community meeting facilities. CONSULTANT shall be responsible for the
preparation of all outreach materials, including media ads to be coordinated for publication by CITY, meeting
notice flyers for mailing to residents by CITY, and community meeting presentations. The CONSULTANT shall also
serve as Scribe at all community.
Deliverables for the Environmental Analysis stage for this project shall also include the following elements:
• Final Environmental Assessment reports required by CITY of Palo Alto
• 35%PS&E
• Project architectural renderings of key improvements areas such as the El Camino Real & Churchill
Avenue and Churchill Avenue & Castilleja intersections
Stage 3 - Development of Plans, Specifications and Engineer's Estimates
Upon approval of the Final Environmental Report for the Churchill Avenue Corridor Improvements project, the
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CONSULTANT shall proceed to prepare final plans, specifications, and engineer's estimates for the construction of
the project.
The improvement plans shall include the following civil details prepared by a Registered Professional Civil
Engineer with good standing with the State of California:
• Cover Sheet
• Project Notes
• Project Plan and Profile
• Demolition Plans
• Plan Details for Improvements, including but not limited
to:
o Multi-Use Trail Sections
o Enhanced Pedestrian Crossings
o Accessible Pedestrian Ramps
o Drainage Plans
o Transit Station Plans
o Landscape Improvement Plans
o Signage & Striping Plans
o Traffic Signal and Street lighting Improvement Plans
o Utility Preservation and Connections
o Utility Plans
o Storm Water Pollution Prevention Plan
o Construction Staging Plan
• Project Specifications consistent with Palo Alto Standard Specifications and Special Provisions to match
the Project Improvement Plan requirements
• CONSULTANT shall provide 35%, 65%, 95% and 100% Engineer's Estimates based on improvement
plans and comparable bids for similar projects to ensure the project remains within the project
budget (CITY may elect to hire an outside Construction Management (CM) finn for Value
Engineering and outside PEER review. CONSULTANT shall be expected to work with CM
cooperatively.)
CONSULTANT shall apply for and complete all forms required from Caltrans for design exemption and
encroachment permits. CONSULTANT shall submit detailed schedule based on the improvements plans to CITY
and should to include the following tasks:
• Base 35% Plans Revised from Environmental Process
o Community Outreach Meeting to Identify Landscape/Hardscape and Streetscape palette
o Study Session with Architectural Review Board for approval of shrub and tree planting palettes
and decorative pavement treatments recommended by the Project Landscape Architect and
Project Engineer
• 65% Improvement Plans
o Final Community Outreach Meeting
• 95% Check Print Plan Set
o Presentation of Project to Parks & Recreation Commission
o Presentation of Project to Planning & Transportation Commission
• 100% Bid Set
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o City Council Presentation of Final Project
Meetings with CITY staff for the review of design plans, specifications and construction staging shall be held on
site on a monthly basis. CITY will be responsible for securing community meeting facilities. The CONSULTANT
shall be responsible for the preparation of all outreach materials, including media ads to be coordinated for
publication by CITY, meeting notice flyers for mailing to residents by CITY, and community meeting
presentations. The CONSULTANT shall also serve as Scribe at all community meetings and provide CITY with
Meeting Notes and Action Notes within 5- business days of each meeting.
CITY anticipates procurement of an outside Construction Management Firm during this stage to assist the CITY
in reviewing plans prepared by the CONSULTANT and to conduct Value Engineering alternatives to ensure that
the project remains on-budget. The CONSULTANT will be required to work with the CONSULTANT
Management Firm during the development of the plans.
Deliverables for the Development of PS&E stage for this project shall also include the following elements:
• 100% PS&E Bid Package
• Procurement of all necessary encroachment permits to allow for the construction of the project
SCOPE OF WORK
Stage 4 - Remaining Tasks to Be Completed through Stages1 through 3 (as of October 2019)
The project is currently split into two separate plan set submittals: Phase 1A, which includes improvements located
within the Caltrans Right of-Way at the intersection of El Camino Real and Churchill Avenue; and Phase 1B, which
includes pathway improvements along the northern edge of Churchill Avenue between the El Camino Real and Castilleja
Avenue Intersections. Based on recent discussions, the Phases are to be combined into a single plan set for City review
and bidding purposes. In addition, a series of design changes are requested including removal of the proposed bike
signal at the Churchill/ECR intersection and modifications to the bulbouts, new traffic signal at the Churchill/ECR,
Churchill/Madrone, and Churchill/Castilleja intersections, and relocation of the City’s electrical transformers located
on Palo Alto High School’s property.
Design and Permitting
• Combine Phase 1A and Phase 1B plan sets and supporting documents into single package.
• Revise Intersection of El Camino Real and Churchill Avenue design and submit Caltrans
• Encroachment Permit Application including: Plans, Specifications, and Engineer’s Estimates
• Revise/Reissue 65% PS&E Submittal for overall project based on City comments (including
landscape plans).
• Prepare 100% PS&E (Bid Documents) submittal and resubmit to City and Caltrans
• Prepare technical specifications and cost estimate
• Revise Plat Maps and Legal Descriptions for required easement documents.
• Coordinate improvements with PAUSD.
• Attend up to two (2) meetings with City/agency staff.
Environmental Clearance Documents/CEQA Checklist
Prepare CEQA Checklist for categorically exempt project.
If required, prepare the following cultural resources reports:
o Area of Potential Effects (APE) Map
o Archaeological Survey Report (ASR), including Native American consultation
o Historic Resources Compliance Report (HRCR)
Meet with Caltrans staff to coordinate CE process.
Public Meeting Attendance
Attend up to five (5) public meetings, including
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o One (1) council meeting
o One (1) Planning and Transportation Commission meeting
o One (1) School Board meeting
o One City School Traffic Committee meeting
o One Community meeting
Bid Assistance
Assist City staff in preparation of any additional bid documents required for Public bid process.
Assist City in review of public bids.
Assumptions/Exclusions
The above scope of work includes design and coordination efforts up to the issuance of construction
bid documents and bid support. Construction support services are not included as part of this effort.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform 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 term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Milestones Completion
From NTP
1. Project Restart Meeting week of 10/15/2019
2. Revise design based on City comments/direction 10/15 – 11/5/2019 (3 weeks)
3. Submit PS&E and supporting documents to City for review 11/5/2019
4. Submit PS&E and supporting documents to Caltrans 11/5/2019
5. City/Caltrans Review Period 11/5 – 12/5/2019
6. Revise Plans and Resubmit (100% PS&E) 12/5 – 12/13/2019
7. City/Caltrans Review period 12/16 – 1/24/2020
8. Incorporate final comments/Finalize Plan 1/27 - 2/7/2020
9. Design Completion 3/2020
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EXHIBIT “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-1 up to the not to exceed budget amount for each task set forth below.
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, and the total compensation for Additional
Services do not exceed the amounts set forth in Section 4 of this Agreement.
BUDGET SCHEDULE
NOT TO EXCEED
AMOUNT
Stage 4
Remaining Task to be completed through
$96,000.00
Stages 1 through 3 (as of October 2019)
Sub-total Basic Services $96,000.00
Total Basic Services and Reimbursable expenses $96,000.00
Additional Services (Not to Exceed) $25,000.00
Maximum Total Compensation $121,000.00
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REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses. CITY
shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses
for which CONSULTANT shall be reimbursed are: None
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-1. The additional services scope, schedule and maximum compensation shall
be negotiated and agreed to in writing by the CITY’s and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all
requirements and restrictions in this Agreement.
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EXHIBIT “C-1”
SCHEDULE OF RATES
(see following pages)
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August 31, 2019
Revised September 2018
Enforced: September 1, 2018 through December 31, 2020
ENGINEERING SERVICES / QSD & QSP SERVICES Hourly Rate
Project Specialist/Clerical $90.00
Computer/Field/Engineer Technician Level 1 $100.00
Level II $105.00
Level III $110.00
Sr. Engineer Technician $130.00
Design Engineer Level 1 $110.00
Level II $115.00
Level III $120.00
Project Engineer/Traffic Engineer Level 1 $125.00
Level II $135.00
Level III $150.00
Engineering Project Manager Level 1 $185.00
Engineering Project Manager Level 2 $215.00
Associate Principal/Senior Project Manager/Senior Traffic Engineer $225.00
Principal $350.00
Forensic Review/Analysis/Claim Support $250.00
SURVEYING SERVICES / HIGH DEFINITION SCANNING/ 3-D MODELING SERVICES
Computer/Surveying/Scanning Technician Level 1 $100.00
Level II $105.00
Level III/Steel Draft Person $110.00
Project Surveyor/Scanning Specialist Level 1 $125.00
Level II $135.00
Level III/Steel Draft Person $150.00
Steel Office Support $175.00
Survey Project Manager Level 1 $175.00
Survey Project Manager Level 2 $215.00
Senior Field Survey Supervisor/AISC/Manager, Steel Supervisor (PLS) $225.00
Utility Locating Services 1-Person Crew $160.00
Traffic Safety Flagger $115.00
1- Person Survey Crew $215.00
2- Person Survey Crew $310.00
2-Person Survey Crew for Structural Steel Surveys $295.00
2- Person Survey Crew with Apprentice $410.00
3- Person Survey Crew $425.00
Bryant Surveys Official Travel $45.00
REIMBURSABLE COSTS: Printing, monuments, materials, outside services and consultants, courier/delivery services, express/overnight
mail, travel/per diem, agency fees advanced, etc., at cost plus 10%.
OVERTIME: All overtime charges are invoiced on the basis of one and one-half times the above rates. Double time invoiced at two times
above rates.
ESCALATION: Escalation for future years shall be at a minimum of 3.5% increase per year.
Sandis at its sole discretion may utilize its subsidiaries to perform the services presented in this proposal.
STANDARD HOURLY CHARGE RATES
SILICON VALLEY CENTRAL VALLEY EAST BAY/SF
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Effective January 2019 - subject to annual review and adjustments.
PROFESSIONAL FEE SCHEDULE 2019
Principal $215
Senior Landscape Architect $180
Landscape Architect $140 - $165
Intermediate Designer $135 - $155
Technician/CAD $130 - $135
Irrigation Designer $155
Administration
REIMBURSABLE EXPENSES
$ 90
Reimbursable expenses are in addition to the total design fee, and may include the following project
related costs:
Tolls, parking fees, and local travel charged in accordance with IRS code
Cost of models, renderings, photography, printing, and other supplies
Postage and delivery charges.
Fees for local licenses and permits required to perform professional services.
Travel, lodging, subsistence and out-of-pocket expenses for authorized travel in connection with
contract services.
Outside project expenses and sub-consultants will be identified on invoices. Outside expenses will be
marked up 10%.
PGAdesign 444 17th Street Oakland CA 94612 tel 510 465 1284 www.PGAdesign.com
Rates are valid through August 2020
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Materials, outside services and subconsultants include a 15% administration fee.
Mileage will be charged per the current IRS standard mileage rate at the time costs occur.
Subject to revision January 1, 2020.
CHARGE RATE SCHEDULE1
Title Hourly Rate
Senior Principal $ 300.00
Principal Project Manager $ 275.00
Senior Environmental Specialist $ 240.00
Senior Project Manager $ 215.00
Environmental Specialist $ 200.00
Biologist $ 190.00
Project Manager $ 190.00
Associate Project Manager $ 160.00
Assistant Project Manager $ 130.00
Researcher $ 115.00
Draftsperson/Graphic Artist $ 120.00
Document Processor/Quality Control $ 110.00
Administrative Manager $ 110.00
Office Support $ 95.00
1 David J. Powers & Associates, Inc. (DJP&A) provides regular, clear, and accurate invoices, in accordance with
normal company billing procedures. The cost estimate prepared for this project does not include special
accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or
invoices. If a special invoice or accounting process is requested, the service can be provided on a time and
materials basis. Any fees charged to DJP&A for Client’s third-party services related to invoicing, insurance
certificate maintenance, or other administrative functions will be billed as a reimbursable expense.
Rates are valid through August 2020
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS
IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES WORKER’S COMPENSATION
YES EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES
$1,000,000
YES THE CITY OF PALO 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, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
DocuSign Envelope ID: 9F45AF24-A837-42CE-AF4D-219A84482EE3
Professional Services
Rev. April 27, 2018
11
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT
SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE
THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A
TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY
OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=2556
9 OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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