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HomeMy WebLinkAboutStaff Report 2502-4118 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: June 9, 2025 Report #:2502-4118 TITLE Approval of a Professional Services Contract Number C25192686 with Statewide Traffic Safety and Signs, Inc. in an Amount Not-to-Exceed of $2,125,000 for On-Call Traffic Control Services for Utilities a Period of Five (5) Years; CEQA Status – Not a Project RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract C25192686 (Attachment A) with Statewide Traffic Safety and Signs, Inc. for on-call traffic control services for a term of five years and a total not-to-exceed amount of $2,125,000. BACKGROUND The City of Palo Alto Utilities (CPAU) Department provides and maintains the infrastructure for water, natural gas, wastewater, electricity, and fiber optics. The Water, Gas, Wastewater Operations and Electric, Fiber Operations are collectively responsible for maintaining the infrastructure of all 5 municipal provided utilities and responding to utility related emergencies. The Water Gas Wastewater Engineering and Electric Fiber Engineering divisions coordinate and manage capital improvement projects throughout the City to improve the City’s infrastructure. Below is a table of the approximate number of miles of infrastructure that the City owns: Table 1: City Owned Infrastructure Type of Utility Number of Miles Electric*195 Fiber Optic*73.43 Gas Mains 210.5 Water Mains 231 Wastewater Mains 216 *These values only capture underground distribution lines/cable. This excludes the number of miles of overhead cable that CPAU maintains. CPAU’s previous contract for on-call traffic control services was a 3-year term for a total not-to- exceed amount of $255.000 and an annual not-to-exceed amount of $85,000. CPAU spent the annual total-not-to-exceed amount of $85,000 in the first two years of the contract for traffic control services to support electric, water, gas, and wastewater collection capital improvement projects (CIP). In June 2024, a contract amendment was approved to add an additional $200,000 to support the electric grid modernization and fiber-to-the-premises pilot projects which resulted in a new not-to-exceed amount of $455,000 for the same 3-year term. Due to supply chain issues of wooden utility poles, CPAU replaced a smaller number of poles than anticipated. As of May 2025, there is approximately $200,000 remaining in the contract which will be reappropriated to the new contract. ANALYSIS The proposals were evaluated by a panel and determined to be responsive to the criteria identified in the RFP. Statewide Traffic Safety and Signs, Inc. was selected by the panel because of the quality and effectiveness of their services, the experience of their field staff, prior record of performance with the City, and their ability to provide future services. Statewide Traffic Safety and Signs, Inc. had the highest score out of the three qualifying proposals. The panel did not select the lower bid proposals because of their lack in quality of their proposals and uncertainty in meeting the City’s scope of work for traffic control for on-call services. Statewide Traffic Safety and Signs, Inc.’s proposal conveyed that they have the experience and capabilities to provide professional traffic control plans and on-call traffic control services within the required response time. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Professional Services Rev. Jan 29, 2024 Page 1 of 29 CITY OF PALO ALTO CONTRACT NO. C25192686 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND STATEWIDE TRAFFIC SAFETY AND SIGNS INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 2nd day of June, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. dba AWP SAFETY, a Delaware corporation, located at 1101 N. 5th Street, San Jose, CA 95112 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to acquire planned and emergency traffic control services for various construction work (the “Project”) and desires to engage a consultant to provide on-call traffic control services in connection with the Project (the “Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess 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, entitled “SCOPE OF SERVICES”. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 2 of 29 maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 1, 2030 unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE OF PERFORMANCE”. 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 shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Two Million One Hundred Twenty-Five Thousand Dollars ($2,125,000.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Dollars ($ ) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), as detailed in Exhibit C. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 3 of 29 “Additional Services” means 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. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. 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, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of 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 invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess 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 subcontractors, if any, 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 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. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 4 of 29 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, as amended from time to time. 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 the CITY’s stated construction budget by ten percent (10%) or more, 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. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. 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 approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 5 of 29 Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Joey Figueroa, Branch Manager, Telephone: 408-993-9770, Email: joseph.figueroa@awpsafety.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT 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 Services or a threat to the safety of persons or property. CITY’s Project Manager is Venessa Fujii, Utilities Department, WGW Operations Division, 3201 E. Bayshore Road., Palo Alto, CA, 94303, Telephone: 650-496-6994, Email: venessa.fujii@cityofpaloalto.org. CITY’s 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. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, 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 product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product 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 Services. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 6 of 29 SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. 16.1a. This subsection 16.1a applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims 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. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. 16.1b. This subsection 16.1b applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8. To the fullest extent permitted by law, CONSULTANT shall 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 attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 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. No waiver of a condition or nonperformance of an obligation under Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 7 of 29 this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. 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, entitled “INSURANCE REQUIREMENTS”. 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. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 8 of 29 discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the 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 provided in material conformity with this Agreement as such determination is 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, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. 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, unless made in accordance with Section 17 (Waivers). 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 Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing 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 subcontractors or other persons or parties having such an interest. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 9 of 29 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, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, 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. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. 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, hereby incorporated by reference and as 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 Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 10 of 29 Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’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 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. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. 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 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. 26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations. CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY 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 State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 11 of 29 obligations to register with, and furnish certified payroll records directly to, DIR. SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 12 of 29 the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. 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. 29.3. 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. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 13 of 29 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT A-2: REQUIREMENTS FOR TRAFFIC CONTROL PLAN EXHIBIT A-3: PAUSD BELL TIMES 2025-2026 EXHIBIT A-4: PAUSD SCHOOL YEAR CALENDAR FOR 2025-2026 EXHIBIT A-5: WALK AND ROLL TO SCHOOL SUGGESTED ROUTES EXHIBIT A-6: TEMPORARY TRAFFIC CONTROL PLAN CHECKLIST EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 14 of 29 CONTRACT NO. C25192686 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee STATEWIDE TRAFFIC SAFETY AND SIGNS INC. dba AWP SAFETY By:__________________________________ Name:_______________________________ Title:________________________________ By:__________________________________ Name:_______________________________ Title:________________________________ Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Anthony Amato Senior Director, Legal Matthew Hunt Chief Legal Officer Professional Services Rev. Jan 29, 2024 Page 15 of 29 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. CONSULTANT to provide on-call traffic control services at various locations throughout the City of Palo Alto (City). 1. CONSULTANT will provide all labor and equipment necessary to provide traffic control services for utility construction projects and events at various locations throughout the City. 2. CONSULTANT will provide traffic control in emergency situations and the CITY will require the CONSULTANT to arrive on-site with labor and equipment within two (2) hours. Engineering and Design (Traffic Control Plans): 1. CONSULTANT will provide traffic control plans for locations identified by the City within two (2) business days for review, following the City’s request for traffic control plans, unless an alternate timeframe is approved by the City. 2. Traffic control plan must be reviewed by the Consultant’s licensed Civil Engineer. 3. The City will route the traffic control plan to various Departments in the City of Palo Alto (Utilities Department, Transportation Department, Public Works Department, etc), Santa Clara County, and/or the California Department of Transportation for review and comment. 4. CONSULTANT must address all comments and corrections required of each agency. 5. All traffic control plans must comply with the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) and/or the Work Area Traffic Control Handbook (WATCH). 6. Traffic control plans require site specific plans for intersections and arterial/collector streets. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 16 of 29 7. Traffic control plans showing ‘typical’ traffic control layouts will not be accepted. 8. Traffic control plans must show the actual layout of intersections, indicate all islands, medians, lane lines, bike lane lines, nearby driveways, bus stops, work areas, detours, schools with distance, phasing with duration, No Parking zones, and note all pavement and lane widths. The closure of two adjacent parallel streets will not be permitted, unless approved by the City. 9. Traffic control plan must maintain adequate separation between pedestrians, bicyclists, vehicular traffic, truck traffic, and the work site by using reflectors, ramps, cones, or other warning devices. Access to all driveways shall be coordinated or maintained and included in the traffic control plan. 10. Traffic control plan must include the work dates (M-F) and the approved work hours. 11. All traffic control plans must be reviewed by a licensed Civil Engineer, but not all traffic control plans must be stamped and signed by a licensed Civil Engineer. CITY will determine whether a given TCP must be stamped and signed. For the traffic control plans that require the stamping and signing of a licensed Civil Engineer, the Consultant will be compensated through the Civil Engineer stamp bid item. 12. CONSULTANT will be compensated for each page required for each work location. If multiple pages are required to cross an intersection or street, Consultant will be compensated for each page required to safely cross the intersection or street. Traffic Control Setup and Flagging: 1. CONSULTANT will provide all labor and equipment for traffic control setup and flagging operations requested by the City. Including but not limited to labor for traffic control, flagging, and traffic shifts, as well as all standard equipment (ex: delineators, signage, arrow and message boards, etc.). 2. CONSULTANT will be requested to provide traffic control services during and after normal business hours, which are 8am-4pm. 3. CONSULTANT will be requested to provide traffic control services on weekends and holidays. 4. The City intends to request traffic control setup and flagging services with a minimum of 48 hours’ notice. 5. In the event 48-hour notice cannot be provided, Consultant shall be onsite with all labor and equipment needed for the performance of traffic control setup and flagging services within two (2) hours or less of notification. Equipment Rental: Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 17 of 29 1. CONSULTANT shall provide a detail list of equipment and signage that may be rented by City from Consultant. This list should include but not limited to equipment, unit of measurement and pricing of each item. 2. CONSULTANT should include pricing for hourly, daily, weekly, and monthly rentals of each piece of equipment. 3. CONSULTANT must include the required duration. In the event the required notice cannot be provided, and the equipment is not subcontracted out, CONSULTANT shall be onsite with equipment within two (2) hours or less of notification. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 18 of 29 EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Rev 6/30/16 EXHIBIT A-2 REQUIREMENTS FOR TRAFFIC CONTROL PLAN SUBMISSION A draft traffic control plan, consistent with the following applicable conditions, must be included in every permit application submitted to the City of Palo Alto Public Works Department for projects that involve work within the City right-of-way. The traffic control plan must approved prior to the start of work within the City right-of-way. The Public Works Department and the Planning and Community Environment Department - Transportation Division may require additional measures of traffic control or time-of-work restrictions on a case-by-case basis. Below are some guidelines for producing this required plan: General Traffic Control Plan Submission Requirements: The Applicant shall submit traffic control plans to the Public Works Department for approval at the time of the submission of the permit application. The Public Works Department may require approval from other departments depending on the location, duration, and type of work to be conducted. Additional requirements include, but may not be limited to the following: 1.Submitted traffic control plans shall include a schedule of construction showing each phase of the Project and the anticipated method of handling traffic for each phase. The plan shall include a to-scale drawing of the street, lane configuration (including all bicycle lanes), on- street parking, and sidewalks relative to the Project area extended the furthest temporary traffic control device. The location of signs, barricades, cones, etc., to warn, direct, and guide the traffic shall be shown on the plan. The work shall not restrict visibility of any existing traffic control devices, including traffic signals, signs, etc. Otherwise, temporary installation of supplemental traffic control devices will be required. 2.The Applicant shall refer to the California Manual on Uniform Traffic Control Devices (CA- MUTCD) and/or the Work Area Traffic Control Handbook (WATCH) for traffic control planning. The plan shall meet the requirements for the speed limit of the street(s) affected, or post temporary, reduced construction zone speed limits. 3.An electronic arrow board warning device may be required for shifting of traffic to the wrong side of the road, merging of lanes on arterial roadways, and as otherwise required in the approved traffic control plan. 4.All signs at the Project site shall conform to the most recent Caltrans standards and be of the international symbol design whenever available. 5.The Applicant will be required to pay for any public off-street time-limited parking spaces, within the University Avenue and California Avenue business districts or Stanford University areas that will be rendered unusable to the public as a result of the Project. These permits are available from the Public Works Department. This includes spaces to maintain traffic lanes, for parking of construction vehicles during the work hours, or for issuing parking permits to the parked vehicles displaced from their private parking spaces, etc. The proposed use of parking spaces must be included in the draft traffic control plan. 6.The Applicant shall maintain one lane of traffic in each direction at all times on all streets. The clear width of the lane shall be a minimum of 10 feet per lane, or 12 feet, if only one lane is provided. Any required flagging operations shall conform to Caltrans standards for dress, equipment and execution of this operation. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Rev 6/30/16  7. If the Project site does not conform to the approved traffic control plan at all times, the Police Department may take over the traffic control at the expense of the Applicant. The Public Works Department and the Planning and Community Environment Department - Transportation Division have the authority to issue a stop-work order if the Project site violates minimum traffic safety standards. Temporary Detours (Vehicle, Bicycle, and Pedestrian) In general, the Applicant shall maintain all motor vehicle, pedestrian, and bicycle movements. Total closures of arterials, collector streets, business district streets, driveways, or alleys will normally not be permitted. Closures of designated bicycle boulevards and school routes, as shown on adopted Walk and Roll Maps, will only be permitted on a case-by-case basis. Closure of local streets may be permitted; however, the Applicant shall always maintain access to abutting parcels and access for emergency vehicles. 8. A minimum four-foot-wide (4-foot-wide) clear sidewalk shall be maintained at all times, unless the Project makes closure unavoidable, in which case the sidewalk may be closed only while working, subject to permit approval. An alternate pedestrian route may be required for the duration of the closure. These alternate pedestrian routes shall conform to the requirements of the California Building Code (CBC) and the U.S. Access Board Guidelines for Public Rights-of-way. At intersections, work will be permitted on only one corner at a time in order to maintain safe pedestrian movements through the intersection. Each crosswalk and sidewalk, when interrupted by excavation, shall be provided with a safe pedestrian crossing platform with handrails. Any damaged pavement markings shall be temporarily restored prior to returning the area to the public use. Permanent restoration must be accomplished within seven (7) days of project completion. 9. Any Project that requires detouring bicycle traffic from bicycle boulevards and school routes, as shown on adopted Walk and Roll Maps, shall provide a continuously-signed bicycle detour route that does not require bicyclists to travel along a sidewalk, arterial, expressway, or highway (i.e. El Camino Real). Temporary two-way bicycle paths must be a minimum of eight (8) feet wide and approved by the Planning and Community Environment Department – Transportation Division. Temporary one-way bicycle paths must be a minimum of six (6) feet wide and approved by the Planning and Community Environment Department – Transportation Division. 10. If Project will impact transit stops or transit routes, the traffic control plan should indicate what actions will be taken to mitigate impacts on transit services such as providing alternative/temporary transit stop locations, temporary wayfinding signage, and alternative route locations suitable for oversized buses. General Time Restrictions for Construction Activities General work hours allowed are Monday through Friday, 8:00 AM to 6:00 PM, and Saturday 9:00 AM to 6:00 PM. Area specific time restrictions for temporary traffic control are considered on a case by case basis; however the following restrictions are typically followed: 11. Work on arterial and collector streets will not be permitted between the hours of 7:00 and 9:00 AM and 4:00 and 6:00 PM. The streets include: Alma St, Arastradero Rd, Arboretum Dr, California Ave, Channing Ave, Colorado Ave, E Bayshore Rd, E Charleston Rd, E Meadow Cir, E Meadow Dr, Embarcadero Rd, Fabian Wy, Louis Rd, Middlefield Rd, Palo Alto Ave Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Rev 6/30/16  (west of Alma St), San Antonio Rd, Sand Hill Rd, University Ave, Hansen Wy, Hillview Dr, Park Blvd, Stanford Ave, Quarry Rd, W Charleston Rd, Bayshore Rd W Meadow Dr, and Welch Rd. Any exceptions to these must be approved by both the Public Works Department and Planning and Community Environment Department – Transportation Division. 12. Projects affecting motor vehicle, pedestrian or bicycle traffic in business districts is generally only permitted between the hours of 9:00 AM and 4:00 PM. Business Districts are generally considered to be the following areas:  University Ave District (Downtown): bounded by Alma St, Webster Ave, Lytton Ave, Forest Ave  California Ave District: bounded by El Camino Real, Caltrain corridor, Sherman Ave and Cambridge Ave 13. No work will be permitted within 1500 feet of school grounds or along school routes, as shown on adopted Walk and Roll Maps, until after 8:45 AM on school days (see current PAUSD School Year Calendar). Other special restrictions may be required at heavily used school crossings or on school routes beyond the 1500-foot distance, as deemed necessary for student safety. Public Notification The Applicant shall notify the abutting property owners and tenants at least 72 hours before commencing work on the project. If the driveway to any garage or parking area will need to be closed for permitted construction work, the affected property owner or tenant shall be served notice in writing regarding this necessary closure. Arrangements shall be made with this owner or tenant to provide mitigation measures that are acceptable to them. Evidence of these negotiated mitigation measures must be submitted with the draft traffic control plan. Additional notification may be required by the Public Works Department, depending on the location and scale of the project. 14. The Permittee is responsible for posting "No Parking-Tow Away" signs if temporarily restricted parking is necessary. A minimum of 72 hours advance notification is required for this posting. A sign must be placed at each affected parking space. A minimum of one inch printed letters shall be used on the sign and provide the following information: (1) complete date(s) and hours of parking closure, and (2) telephone number of Police Department for inquiry of towed vehicles. The Police Department must be notified at the time of posting. 15. If the Project will impact school routes, as shown on adopted Walk and Roll Maps, the Applicant will be required to contact school administrators and PTA officers to address student access prior to submittal and approval of the draft traffic control plan.   16. If the project will impact transit stops or transit routes, the Applicant will be required to contact AC Transit, Santa Clara Valley Transportation Authority, SamTrans, Stanford University Parking and Transportation Services, the Planning and Community Environment Department – Transportation Division, and/or any other affected transit operators to address relocation of facilities or rerouting of buses prior to submittal and approval of the draft traffic control plan. The draft traffic control plan shall indicate what actions will be taken to mitigate impacts on transit services. 17. The Applicant may be required, at Applicant’s cost, to hire Palo Alto police officers or a Certified Traffic Control Contractor to direct traffic when working at signalized intersections. A minimum of two police officers per intersection may be required. This requirement will Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Rev 6/30/16  primarily be enforced when: a) equipment is intermittently blocking or crossing a travel lane, b) only one travel lane is available for two-way traffic, c) multiple movements are temporarily required to share the same travel lane, d) working at multi-lane signalized intersections, and e) traffic signals are inoperable, unsafe conditions, or capacity is significantly reduced due to the project. 18. The above requirements are minimum, and do not limit the Applicant’s responsibility and liability for doing all that is practical and necessary to ensure the safety of workers, pedestrians, bicyclists, and motorists. The Applicant shall conform to the required traffic control conditions which are generally applicable to most common situations. Based on the nature of a job, additional conditions or exceptions to the above conditions may be necessary. This publication is intended to be an informal means of informing the public about a City process. Although it is assumed that the information provided is accurate, the sheet is not intended to create any sort of legal obligation on the City’s part. The actual process is governed by City code, regulations and procedures, and the reader should make specific inquiry to the City for specific cases. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-3 ANTICIPATED PAUSD BELL TIMES Elementary:AM PM WEDS KINDER To first Friday in October* KINDER From Second Monday in October* Addison 8:15 2:45 1:15 12:00 2:20 Barron Park 8:15 2:45 1:30 11:50 2:25 J. Briones 8:15 2:40 1:30 11:50 2:20 Duveneck 8:05 2:35 1:05 11:45 2:30 El Carmelo 8:25 2:55 1:30 12:00 2:25 Escondido 8:10 2:45 1:30 12:00 2:20 Fairmeadow 8:30 3:00 1:40 12:00 2:40 W. Hayes 8:25 2:55 1:30 12:00 2:35 Hoover 8:00 2:30 1:30 12:00 2:00 Nixon 8:00 2:30 1:15 11:40 2:30 Ohlone 8:15 2:45 1:30 12:00 2:40 Palo Verde 8:15 2:50 1:15 11:45 2:15 AM PM Greendell PS 8:45 11:45 Middle: AM PM WEDS Greene 8:10 3:05 1:40 JLS 8:15 3:00 1:45 Fletcher 8:10 3:05 1:40 High School: AM M T W TH FRI Gunn 8:25 2:35 3:40 2:55 3:35 3:35 Paly 8:15 3:25 2:50 3:30 2:25 3:30 Late Kinders begin on or about the second Monday of October PAUSD Bell Times Subject to Change due to COVID-19 Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Palo Alto Unified School District SCHOOL YEAR CALENDAR FOR 2025-2026 JULY 2025 JANUARY 2026 18 Days S M T W T F S S M T W T F S 1 2 3 LH 5 H LH 3 6 7 8 9 10 11 12 4 K-8 SD 9-12 W 6 7 8 9 10 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 H 20 21 22 23 24 27 28 29 30 31 25 26 27 28 29 30 31 AUGUST 2025 12 days FEBRUARY 2026 18 days S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 LH 14 10 DD 9-12 SD K-8 WD WD 14 15 16 15 H 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 31 25 26 27 28 29 30 SEPTEMBER 2025 21 days MARCH 2026 20 days S M T W T F S S M T W T F S H 2 3 4 5 6 1 2 3 4 5 6 7 7 8 9 10 11 12 13 8 LH SD 11 12 13 14 14 15 16 17 18 19 20 15 16 17 18 19 20 21 21 22 23 24 25 26 27 22 23 24 25 26 27 28 28 29 30 29 30 31 OCTOBER 2025 22 days APRIL 2026 17 days S M T W T F S S M T W T F S 1 2 SD 4 1 2 3 4 5 6 7 8 9 10 11 5 LH LH LH LH LH 11 12 13 14 15 16 17 18 12 13 14 15 16 17 18 19 K 21 22 23 24 25 19 20 21 22 23 24 25 26 27 28 29 30 31 26 27 28 29 30 NOVEMBER 2025 14 days MAY 2026 19 days S M T W T F S S M T W T F S 1 LH 2 2 3 4 5 6 7 8 3 4 5 6 7 8 9 9 10 H 12 13 14 15 10 11 12 13 14 15 16 16 17 18 19 20 21 22 17 18 19 20 21 22 23 23 30 LH LH LH H LH 29 24 31 H 26 27 28 29 30 DECEMBER 2025 15 days JUNE 2026 4 days S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 WD 6 7 8 9 10 11 12 13 7 8 9 10 11 12 13 14 15 16 17 18 19 20 14 15 16 17 18 19 20 21 LH LH H LH LH 27 21 22 23 24 25 26 27 28 LH LH LH 28 29 30 Important Dates Aug 12 K-5 Teacher Work Day Staff Development Day 6-12 Aug 14 First Day of School Oct 20 First Day of Full-Day Kindergarten Jan 5 6-12 Teacher Work Day K-5 Staff Development Jan 6 Students Return to School Jun 4 Early Release/Last Day of School No School Days Sept 1 Labor Day Oct 3 Staff Development Day Nov 11 Veterans’ Day Nov 24-28 Thanksgiving Break Dec 22 - Jan 5 Winter Break Jan 19 Martin Luther King Jr. Day Feb 13 Local Holiday Feb 16 Washington’s Birthday observed Mar 9 Local Holiday Mar 10 Staff Development Day Apr 6-10 Spring Break May 1 Local Holiday May 25 Memorial Day Minimum Days Aug 29, Oct 31, Nov 21, Dec 19, April 3, and June 4 Quarters/Semesters Oct 17 st Nov 14 End of 1st Trimester End of 1st Semester 84 days - secondary End of 2nd Quarter Feb 6 nd Mar 13 rd End of 2nd Semester 96 days - secondary End of 3rd Trimester End of 4th Quarter Legend Staff Professional Development Day EXHIBIT A-4Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Palo Alto Unified School District SCHOOL YEAR CALENDAR FOR 2026-2027 JULY 2026 JANUARY 2027 18 days S M T W T F S S M T W T F S 1 2 LH 4 H 2 5 6 7 8 9 10 11 3 SD K-8 WD 9-12 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 H 19 20 21 22 23 26 27 28 29 30 31 24 31 25 26 27 28 29 30 AUGUST 2026 13 days FEBRUARY 2027 18 days S M T W T F S S M T W T F S 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 LH 13 9 DD SD 9-12 WD K-8 WD 13 14 15 14 H 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 30 24 31 25 26 27 28 29 28 SEPTEMBER 2026 21 days MARCH 2027 21 days S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 6 H 8 9 10 11 12 7 8 9 10 11 12 13 13 14 15 16 17 18 19 14 LH SD 17 18 19 20 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 29 30 28 29 30 31 OCTOBER 2026 21 days APRIL 2027 16 days S M T W T F S S M T W T F S 1 SD 3 1 2 3 4 5 6 7 8 9 10 4 LH LH LH LH LH 10 11 12 13 14 15 16 17 11 12 13 14 15 16 17 18 K 20 21 22 23 24 18 19 20 21 22 23 24 25 26 27 28 29 30 31 25 26 27 28 29 LH NOVEMBER 2026 15 days MAY 2027 20 days S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 2 3 4 5 6 7 8 15 16 17 18 19 20 21 9 10 11 12 13 14 15 22 LH LH LH H LH 28 16 17 18 19 20 21 22 29 30 23 30 24 H 25 26 27 28 29 DECEMBER 2026 14 days JUNE 2027 3 days S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 WD 5 6 7 8 9 10 11 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 13 14 15 16 17 18 19 20 LH LH H LH LH 26 20 21 22 23 24 25 26 27 LH LH LH LH 27 28 29 30 Important Dates Aug 11 K-8 Teacher Work Day 9-12 Staff Development Day Aug 13 First Day of School Oct 19 First Day of Full-Day Kindergarten Jan 4 K-8 Staff Development Day 9-12 Teacher Work Day Jan 5 Students Return to School June 3 Early Release/Last Day of School No School Days Sept 7 Labor Day Oct 2 Staff Development Day Nov 11 Veterans’ Day Nov 23-27 Thanksgiving Break Dec 19 - Jan 5 Winter Break Jan 18 Martin Luther King Jr. Day Feb 11 Local Holiday Feb 12 Local Holiday Feb 15 Washington’s Birthday observed Mar 15 Local Holiday Mar 16 Staff Development Day Apr 5-9 Spring Break May 31 Memorial Day Quarters/Semesters Oct End of 1st Quarter Nov End of 1st Trimester Dec 18 End of 1st Semester 84 days - secondary End of 2nd Quarter Feb End of 2nd Trimester Mar End of 3rd Quarter Jun 4 End of 2nd Semester 96 days - secondary End of 3rd Trimester End of 4th Quarter Legend H Federal/State Holiday LH Local Holiday DD District Day WD Teacher Work Day SD Staff Professional Development Day All Schools Minimum Day Last day of School & Minimum Day K First day of Full-Day Kindergarten Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Palo Alto Unified School District SCHOOL YEAR CALENDAR FOR 2027-2028 JULY 2027 JANUARY 2028 19 days S M T W T F S S M T W T F S 1 2 3 1 4 LH 6 7 8 9 10 2 WD 9-12 SD K-8 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 H 18 19 20 21 22 25 26 27 28 29 30 31 23 30 24 31 25 26 27 28 29 AUGUST 2027 14 days FEBRUARY 2028 19 days S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 8 DD SD 9-12 WD K-8 WD 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 LH 19 22 23 24 25 26 27 28 20 H 22 23 24 25 26 29 30 31 27 28 29 SEPTEMBER 2027 21 days MARCH 2028 21 days S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 H 7 8 9 10 11 5 6 7 8 9 10 11 12 13 14 15 16 17 18 12 LH SD 15 16 17 18 19 20 21 22 23 24 25 19 20 21 22 23 24 25 26 27 28 29 30 26 27 28 29 30 31 OCTOBER 2027 20 days APRIL 2028 14 days S M T W T F S S M T W T F S SD 2 1 3 4 5 6 7 8 9 2 LH LH LH LH LH 8 10 11 12 13 14 15 16 9 10 11 12 13 14 15 17 K 19 20 21 22 23 16 17 18 19 20 21 22 24 31 25 26 27 28 29 30 23 30 24 25 26 27 LH 29 NOVEMBER 2027 16 days MAY 2028 22 days S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 H 12 13 7 8 9 10 11 12 13 14 15 16 17 18 19 20 14 15 16 17 18 19 20 21 LH LH LH H LH 27 21 22 23 24 25 26 27 28 29 30 28 H 30 31 DECEMBER 2027 13 days JUNE 2028 1 days S M T W T F S S M T W T F S 1 2 3 4 1 WD 3 5 6 7 8 9 10 11 4 5 6 7 8 9 10 12 13 14 15 16 17 18 11 12 13 14 15 16 17 19 LH LH LH LH LH 25 18 19 20 21 22 23 24 26 LH LH LH LH LH 25 26 27 28 29 30 Important Dates Aug 10 K-8 Teacher Work Day 9-12 Staff Development Day Aug 12 First Day of School Oct 18 First Day of Full-Day Kindergaten Jan 3 K-8 Staff Development Day 9-12 Teacher Work Day Jan 4 Students Return to School June 1 Early Release/Last Day of School No School Days Sept 6 Labor Day Oct 1 Staff Development Day Nov 11 Veterans’ Day Nov 22-26 Thanksgiving Break Dec 22 - Jan 10 Winter Break Jan 17 Martin Luther King Jr. Day Feb 18 Local Holiday Feb 19 Washington’s Birthday observed Mar 13 Local Holiday Mar 14 Staff Development Day Apr 3-7 Spring Break May 27 Memorial Day Quarters/Semesters Oct End of 1st Quarter Nov End of 1st Trimester Dec 20 End of 1st Semester 84 days - secondary End of 2nd Quarter Feb End of 2nd Trimester Mar End of 3rd Quarter Jun 4 End of 2nd Semester 96 days - secondary End of 3rd Trimester End of 4th Quarter Legend H Federal/State Holiday LH Local Holiday DD District Day WD Teacher Work Day SD Staff Professional Development Day All Schools Minimum Day Last day of School & Minimum Day K First Day of Full-Day Kindergarten Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-5Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C )O H W F K H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C *U H H Q H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C )O H W F K H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C *U H H Q H *U H H Q H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C *U H H Q H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C *U H H Q H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C *U H H Q H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C (O O H Q  ) O H W F K H U )O H W F K H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C *U H H Q H Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-6 Temporary Traffic Control Plan (TTC) Checklist Checklist Must be Submitted with TTC Plans Project Name: Project Number: Type of Work: Checklist Items Yes No Not Required Transportation Comments TTC Plan clearly shows vicinity map to include all streets within the work zone properly labeled with names, posted speed limits and north arrow.  TTC Plan clearly shows existing roadway lane and bike configuration, parking, and sidewalks where applicable, including dimensions and scale.  TTC Plan clearly shows: 1.Proposed work zone 2.Detours and/or lane closures 3.No Parking Zone or parking restrictions 4.Appropriate tapers and lengths, signs, and spacing 5.Appropriate channelization devices and spacing 6.Buffers 7.Work hours/work days 8.Dimensions of above elements and requirements per latest CA-MUTCD Part 6 and City’s SOP for bike lane closures (see City TTC Guidelines) 9.Proposed speed limit changes if applicable 10.If multiple locations will be affected, provide a separate plan per location and/or phase of work.                               TTC Plan clearly shows bus stops, signalized and non- signalized intersection impacted by the work.  TTC Plan clearly shows plan to address pedestrians, bicycle, and ADA requirement throughout the work zone per CA- MUTCD Part 6 and City's SOP for Bike lane closures.  TTC Plan clearly indicates if phasing or staging is requested and duration of each.  TTC Plan clearly shows proximity to school grounds or school routes as shown on adopted Walk and Roll Maps.  TTC Plan has open space for "Approval" stamp (4" x 4" +-).  Contractor has obtained and read the city's TTC Guidelines and City's SOP for Bike Lane Closures.  This checklist should be used to ensure that the basic elements are covered and to support a timely plan review. Please refer to the latest edition of the California Manual of Uniform Traffic Control Devices (CA-MUTCD), Part 6: Temporary Traffic Control, for information on preparing TTC Plans, definitions, TTC devices, compliance information, and for typical TTC examples. For the City of Palo Alto’s TTC Plan Submission Requirements, go to http://www.cityofpaloalto.org/civicax/filebank/documents/6918. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 19 of 29 EXHIBIT B SCHEDULE OF PERFORMANCE Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 20 of 29 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00. A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 21 of 29 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT’s schedule of rates is as follows: Engineering & Design (Traffic Control Plans) 1 arterial streets, collector streets, County Site specific plans per Scope of Work Page $350 2 Traffic control plan: intersections and local streets Site specific plans per Scope of Work Page $350 3 Professional Engineering Stamp and Wet Signature Engineer to review each traffic control plan page and affix their $200 Annual Price Escalator Engineering & Design (Not to exceed 5% per year) Year 2: 4% Year 3: 4% Year 4: 4% Year 5: 4% Traffic Control & Flagging 4 Traffic control setup for intersection, lane, or street closures; (Mon- Fri; 4:00pm) to setup traffic control for intersection, lane, or street closures, including traffic shifts. Hour $250 5 Traffic control flagging; (Mon- Fri; 4:00pm) Hour $125 6 Traffic control setup for intersection, lane, or street closures; (Mon- Fri; after 8 hours) hours) to setup traffic control for intersection, lane, or Hour $375 7 Traffic control flagging; (Mon- Fri; Includes: 1 certified flagger (Mon- Fri; after 8 Hour $188 8 Traffic control setup for intersection, lane, or street Holidays) to setup traffic control for intersection, lane, or street closures, including traffic shifts. Hour $480 9 Traffic control flagging; (Weekends Holidays) Hour $240 Annual Price Escalator Traffic Control & Flagging (Not to exceed 5% per year): Year 2: 4% Year 3: 4% Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 22 of 29 Year 4: 4% Year 5: 4% *Cancellations of dispatched crews and service requests under 4 hours will be charged a 4-hour minimum. Service requests over 4 hours and up to 8 hours will be charged 8 hours. Consultant will be compensated from the time the crew arrives onsite until the time the crew leaves the site. No additional compensation will be provided for travel time to and from the site. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 23 of 29 EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS 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 HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY 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: CONSULTANT, 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 CONSULTANT 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 CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG 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: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 24 of 29 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. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 25 of 29 EXHIBIT E DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement. CITY provides notice to CONSULTANT of the requirements of California Labor Code Section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR. Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time. CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation. CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461). CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 26 of 29 The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively. At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request. CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project. If the certified payroll records are not provided as required within the 10-day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of location of those payroll records. Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in Section 1815. CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers’ compensation to its employees before beginning work (Labor Code 1861). CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)). CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 27 of 29 EXHIBIT F CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement. 1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City. (B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. 2. Claim Process. (A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived. (B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 28 of 29 portion. (E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply. 3. Disputed Claims (A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws. (i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. 4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. 5. Interest. Amounts not paid in a timely manner as required by this section shall bear Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Professional Services Rev. Jan 29, 2024 Page 29 of 29 interest at seven (7) percent per annum. 6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. 7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C