HomeMy WebLinkAbout0522.093October 7, 1993
HONORABLE CITY COUNCIL
Palo Alto , california
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Embarcaderg Pedestrian/Bike Bridge ~nd Bike path Extension Proiect
(erf 19310) -consulteDt ~r~e~
Members of the Council:
REPORT IN BllIEF
This: report recol'!\Dlends that Council approve an agreement
(Attachment 1) with HMH. Inc. in the amount of $106,260 to provide
desiqn engineering and limited construction phase services, for t,he
Embarcadero Pedestrian/Bike Bridge and Bike Path Extension project.
Federal and State funding for t,he project havE'! been approved and
the project is included in the FY 1993-94 Capital lmprovement
Program (No. 19310).
BACltGROUNl)
Durinq ~he past year, Palo Alto has pursued the development of a
project to construct a bike path along the ~est side of the Joint
Powers Board (JPBJ/CalTrain tracks, from Churchill Avenue to
University Avenue, as proposed in the Palo Alto Bikeways Master
Plan and illustrated in Exhibit 1. Federal and State funding for
the project have been approved and the project is included in the
1993-94 Capital Improvement program (No. 19310). At the July 7,
1993 meeting, the Policy and Service~_ Committee requested that the
selection for a design consultant for this project be returned to
the committee for approval.
The ccnsultant selection process began by soliciting interest from
local firms that were capable of performing civil and traffic
consulting services. Several firms were identified from consultant
file;;. of the Public Works Department, whiCh contain background
information and qualifications of consultants~ A request for
letters of interest ~as sent to 38 firms, either identified from
the tiles or who had contacted the Transportation Division. having
been made aware of the project through an advertisement by an
informational service named Hawkins/Mark-Tell. Stair reviewed the
12 letters of interest ~eceived and selected 8 of the 12
CMR:522:93
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..... PROPOSED BICYCLE PATH
'''''" ... EXISTING BICYCLE ROUTES
__ PEDESTRIAN/BICYCLE BRIDGE
Embarcadero Pedestrian/Bicycle Bridge and Bike Path Extension
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consultants to receive the Request for proposal (RFP). Of the 8
cons.·~ltants ser.7 '!"l.e RF'P, 4 subsequently submitted a proposaL
A selection advisor}" committee .... as formed to review the proposals
and intet"View consultants. The committee interviewed all four
consultants and ranked HMH, Inc. first. This firm was ranked first
because of its experience and knowledge on projects similar in
nature, the overall quality of the firm's proposed consultant team
and its knowledge of the Intermodal Surface Transportation
Efficiency Act requirements. On August 3, 1993, the Pel icy and
services Committee reviewe~ the consultant selection process and
authorized staff to negotiate with HMH, Inc.
The attached agreement includes provision for the desiqn and
preparation of final plans, specifications and a cost estimate to
construct a grade separated pedestrian and bike bridge over
Embarcadero Road, and construction of a bike path frem Churchill
Avenue to the southern end of the JPB parking lot near University
Avenue, including all incidental work.
The following is a surr.:mary of tasks to be performed by the
consult~nt in the design stage:
• Provide all coordination among the J;:.i!"lt Powers Board
(JPB), Palo Alto Unified Schoel District, Stanford
UniverSity, Caltrans, and utilities companies.
• Prepare an environmental assessmelt report, including
Natural Diversity Study;
• Conduct supplemental field surveys and prepare plats and
descriptions for easements;
• Prepare a soils report;
• Prepare preliminary dra~ings; and
• Prepare final construction documents (bid package) ~
In addition, the consultant shall provide limited const.ruction
pbase services, including:
• Prepare an a.Jdendum clarifying the bid documents and attend
the pre-construction meeting,
• Review shop drawings and ~hange orders, and
• Conduct site visits to raview work for general conformance
with the design intent.
The agreement identifies the estimated consultant costs for
construction surveying services and the cost of copying bid
documents. If required, these se~ices will be paid as additional
services using staff authority to issue change orders.
Construction Phase Services do not include supervision, detailed
inspection, administration, coordination, or any welding inspection
services required for a steel bridge alternative~
CMR:522:93 10/7/93
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S!'ATtlS OF JPB REVZEW AJlD APPROVAL
The council agreed, in principle, to indemnify the JPB ioIlth respect
to liability which may arise from locating the bike path within the
railroad right-of-way (CMR:4Jl:93, August 9, 199:3). FolloiWing
Council's action, the city's request that the JPB grant an easement
at no cost to the City was revie"'ed by the JPB Staff Coordinating
Council, on August 19 1 and by the JPB Policy Board, on September 2.
The Staff Coordinating Counci 1 agreed that the project i5 'Well
conceived but requested that ·.-e consider installing a more sturdy
fence than the proposed chain link fence, to separate the bike path
f:r.01tI the tracks. The JPB Policy Board concurred with the Staff
Coordinating Council r 5 comments regarding the fence, and
conceptually approved the City's request for use of the 3PS/
CalTrain right-ot-.... ay at no cost (subject to the JPB's revie\ll' of
the final design).
ElfVJ:RONllBN'l"AL ASS ES SKENT
Approval of a consulta~t agreement is net considered a project;
therefl)re l no environmental as~eSS1l1ent is necessary.
RECOH!IElIDArIONS
Staff recommends that the Council:
1. Approve the attached Consultant Agreement ~ith HMH, Inc. in
the amount of $106,260, for complete design and limited
construction phase service~, for the Embarcadero Pedestrian!
Bike Bridge and Bike Path Extension project l and authorize the
Mayor to execute the contract.
2~ Authorize the City Manager or her designee to issue change
orders t the total value of which changes shall not exceed
$15,000.
Respectfu]ly submitted,
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ASHOK AGGARWAL j P.E"
City Traffic Engineer
Attachments: Agreement with HMH, Inc.
cc: Steve Sherman r HMH, Inc.
Bob Wu, Cal trans
Tom Davids, JPB
CMR:522:93
Y.ENJ'.!ETH R. SCHREIBER
Director o~ Planning
and community Environment
1017 /93
Page 3
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·~ ATTACHMENT
AG'R.BBKBN ___ ~
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PItOPESS!ONAL BHGrKEEltING CONSULTANT SERVICES
l'B'l'IIBEN TIm CITY OP PALO ALTO AND
mm, IIiCOItPOltArEI>
T"rIIS AGREEMENT is made and entered into this ___ day of
____ . ____ " 1993, by and between the CITY OF PALO ALTO, a
municipal corporation of California, hereinafter referred to as
·CITY," and HMH, INCORPORATED. (Taxpay~r Identificatio~ No.
:::0";;:::';':;,0)' a California corporation .. with offices at 1353
~and Road, San Jose. CA 95161·1~1. hereinafter referred to as
"CONSULTAN'!'II' ;
• :r T llmL..S... __ S E T H:
WHBREAS, CITY desires certain professional consultar.t
services for tha design of a bikepath from Churchi 11 Avenue to the
southern end of the Joint Powers Board parking lot and a
pedestrian/bike bridge over Embarcadero Road which are hereinafter
described; and
WHEREAS. CITY desires to engage CONSiJLTANT to provide
these services by reasor~ of its ~l.fI_lificatinns and experience for
perfor.ming such services. and CONSULTANT has offered to provide the
required services on the terms and in the manner set forth herein;
NOW I THERBFORE, in consideratiDn of their mutual
covenants I the parties hereto agree as follows:
SECTION 1
1.1 CITY
DEFINITIONS
The term "City· shall mean the City of Palo Alto,
California_
The term "City Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his or her
designated representative.
1 . 3 qTY CLERl\
The teVom WCity Clerk· shall mean the duly appointed City
Clerk: of the City of Palo Alto, Cali fornia, or his or her
designated representative.
c""...,1\.am -S40rt
I .... , July 15_ 1m
1 .4 RISK tlANAGE'R
The term "Risk Manager~ shall mean the duly appointed
Risk Manager of the City of Palo Alto, California, or his or h~r
designated representative.
1.~5 PRWECT
The term IIProj ect" shall mean the services and
improvements, if any. described in Exhjbit ~A~ entitled "Scope of
Project and Time Schedule,-attached hereto and made a part hereof
by this reference.
SECTION 2 -PROJECT COORDIN.A'I::JON
2.1 crn:
The City Manager shall be representative Ot CITY for all
purpuses under this Agreement. Marvin Overway is designated as the
Project Manager for the City Manager. and he or she shall supervise
the progress and execution of this Agreement. and shall be assisted
by Ashok Aggarwal, the ProJect Engineer.
CONSUI.TANT shall assign a single Project Director to have
overall responsibility for the progress and execution of this
Agreemefit for CONSULTANT_William J. Wagner hereby is designated
as the Project Director for CONSULTANT_ Steve Sherman shall be
assigned as Project Coordinator for CONSULTANT and shall represent
CONSULTANT during the day--to-day work on the Project. Should
circwr..stances or conditions &ubsequent to the execution of this
Agreement require a substitute Project Director or Project
Coordinator for any reason the P=oject Director or Project
Coordinator designee shall be subject to the prior written approval
of the Project Manager~
SECTI.Qlt 3 -SCOPE OF :PRQJEc:r
The scope of the Proj ect to be executed by CONSULTANT
under the phas~s of the BaSic Services described in Section 4.1 of
this Agreement. and the t~e schedule for the project, are
described in Exhibit A.
§ECTION 4 -DUTIE~ OF CONSULTANT
4_1 BASIC SBRVICES
Unless otherwise indicated. CONSULTANT shall perform each
task and accomplish each objective described in Exhibit A_
CONSULTANT I s Basic Services shall be furnished as described in
Exhibit A.
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4.2 ADDITIONAL SER'lUQ_I;:~~
CONSUL'!'ANT shall perform or obtain any and all of the
following Additional Services and services described ilJ Exhibit C
not included under the Basic Services, if so authorized in writing
l:Iy CITY. and shall be paid as provided in Secti'J!l 6 of this
Agreement:
4.2.1 Providing services as an expert witness in
connect ion with any publ ic hearing, arbitration proceeding, or
proceeding of a court of record.
4.2.2
tor CONSULTANT and its
the Basic Services.
Incurring t~avel and subsistence expenses
s~aff beyond those normally required under
4.2.3 Performing any other services that may be
agreed upon by the parties subsequent to the execution of this
Agreement.
Services described in Exhibit C not covered by Basic
Services and Additional Services shall be paid as p:.ovided in
Section 6 of this Agreement.
4.4 ~~ DlITIES OP CQNSULTANT
4.4.1 CONSULTM""I' represents that it has the
expertise and profEssional qualifications to t'..lrnieh the services
described under this Agreement. CONSULT~~ further declares that
one or more members or employees of its firm and that of its
subcoosultants, if any, are licensee by the State of California to
perfor.m their services and that these services will be performed by
t::hem or under their supervision. CONSULTANT shall furnish to CITY
for appro'taL prior to execution of this Agreement, a list of all
firms or corporatien,s to be employe"! as subconsultants.
4.4.:2 CONSULTANT states ti"..at it is aware of the
reguiremente of the federal Americans with Disabilj ties Act of
1990. and. the Goverrunent Code and the Health and Safet.y Code of ttle
State of California. relating to access to public buildings and
accotronO<ia.tiong for disabled persons. and relating to facilities for
disabled persons. In ~ccordance with the normal standard of care
of CONSULTANT's profession, CONSULTAN'i' shall comply with such
provisioLs in carrying out the terms of chis Agreement~
4.4.3 CONSULTANT shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of this Agreement.
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1.",,_ J~' IS, 199"l
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SECTION 5 -DUTr~~QF CITY
5.1 CITY shall provide full information regarding its
requirements for the Project~
S.2 'CITI 6:1.;;,.1.1 ~.A.c:liliine documer..c-s su.brnitted by CONSIJLTANT
and shall render decisions pertaining thereto promptly, to avoid
unrea8on:~ble delay in the progress of CONSULTANT's work.
5.3 CITY shall furnish all such information as are in
CITY's files or are at its disposal, as listed in Exhibit A.
5.4 CITY shall furnish all services listed in Exhibit A,
providing s1..ifficient notice is given by CONSULTANT.
5.5 The 8ervices~ information, surveys ~~d ~eports
required by paragraphs 5.1 and 5.3 through 5.4 inclusive shall be
furnished at CITY's expense, and CONSULTAWr shall be entitled to
rely upcn the accuracy thereof.
5.6 If C~TY observes or otherwise becomes aware of any
fault or defect in the Project or nonconformance with the contract
documents, CITY shall give prompt written notice tnereof to
CONSULTANT.
S.? CITY shall furnish information required by CONSUL
TANT as expeditiously as possible.
SECTION 6 -PAYMENT
Payment shall be made by CITY only for eervices rendered
and within thirty (30) days of submission in t~iplicate of monthly
progress payment requests. Each invoice shall be itemized as to
the type of payment described in this section.
6.1 CONSULTANT'S £EE~
In consideration for the full performance of the Basic
Services described in Section 4.1 of this Agreement. CliYagrees to
pay CONSULTANT a fee not to exceed one hundred six thousand two
hundred sixty dollars [$106,260).
6.1.1 £ybconsvltants. Fees for subcoosult.::mts,
hired directly by CONSULTANT, shall be approved by CITY in advance
of incurring such fees.
6.1.2 Fer Addi tional Sery-.i.Q.§.Q. Fer CONSULTANT' 5
Additional Services. as described in Section 4 of this Agreement,
compensation shall be calculated on a time and material basis as
set forth in Exhibit B entitled ~Kate Schedule," attached hereto
and made a part by this reference. Compensation for each item
shall not exceed as prescribed in Exhibit C and total compensation
shall not exceed twenty two thousand eight hundred dollars
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CCllaltlanc· !ih.,"
R....,.ILIl)' IS. 1993
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($22,800). The rate schedules_shall be updated on July 1 of each
year.
6.1. 3 ~eirnbu.~@le Services. Reimbursable
Services expenses under this Ag:ceement shall not exceed $ 3, 000.
Rei~Dursable Services expenses are in addition to the comp~nsation
fOr" Basic ~,=!''V::''=~8 ~ •• d ':;',:1&i:i0,io.J.. s:C::.L·vi .... ~s.
6.1.4 for Ext.ra Work Dr q},~. payment for
extra ~ork or cr~nges in the work not initiated by CONSULTANT and
authorized in ~ritin9 by the Project Manager shall be made within
thirty (30) days of submission by CONSULTANT of a statement in
triplicate of itemized costs covering such work. Prior to
commencing such extra work or changes~ CONSULTANr and CITY shall
agree upon an estimated not-to-exceed cost for such extra work. 10
00 event shall CONSULTANT be paid for design work or change order
preparatj.on which is necessary be:::a"olSe of CONSULTANT' oS er:cors or
oversights.
6.1.5 Cost: prin.!;j,£]..~.
Reg-.. 1lations in 48 CPR Part 31 shall be
al1~wahle cost for individual items.
6. 2 PAYMENT SCHEDllliE
Fed~ral Acquisi~ion
used to dstermine the
6.2.1 For Basic .£§.~ices. payments for the
Basic Services shall be made in pl.-ogress payments in proportion to
services performed for each phase within a stage as determined by
the parties and as set forth more fully in Exhibit A.
Fina1 payment shall be made by CITY after CONSULTANT has
submdtted all required drawings, specifications; hid documents and
reports and received approval thereon from CITY.
6.2.2 For Additional S_erv::lces. Pa~nts for
Additional Services of CONSULTANT as defined in S~ction 4 ~r~ll be
!l'Iade as part of the monthly progress payments for senrices
rendered.
6.2.3 For Reimb.\l-n.9.ble Services. Payments for
Reimbursable Services Expenses of ConsultanL shall be made as part
of the monthly progress payments for services rendered.
E .2.4 ~ucti9ns. No d~duct.iol"!s shall be made
from CONSULTANT's compensa~ioo on acccunt of penalty. liquidated
damages; or other sums withheld from paYWEnts to contractors.
6.2:. 5 ~yment Upon Sus.pe.;J.si.on or bbandonment.....21
'Oroj ect. If the Project is suspended for more than three (3)
months or abandoned in whole or in part, CONSULTANT shall be paid
its compensation for se:nrices performed prior to receipt of wr:.tten
notice frem CITY of such suspension or abandonmen~, together with
additional and reimbursable expenses then due. If the Project is
resumed after being suspended for more than one hundred t.wenty
(120} days, any change in CONSULTANT's compensatior. shall be
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RC'I luly 15. I \l93
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subject to renegotiation and, if necessary. approval by the Palo
Al to City Council {the IICity Council"). If this Agreement: is
suspended or terminated for fault of CONSULTANT, CITY shall be
obligated to compensate CONSULTANT only for that portion of
CONSUL'TAN'l" s services which are of benefi't. to CITY, as such
-:-_,!,;e::,::,.i.::z.t:i~= :;;;.;i:i-Zi;; ;-,..:..uo:;: i..y "-he Cic.y Manager in the reasonable
exercise of his or ner discretion.
SBCTTQN I -PROGRESS ANO COMPLETION
The term. of this Agr~ement shall commence upon. its
execution by CITY. Follc..,ing re::ceipt of a Not ice to Proceed,
CONSti"LTAN'I' shall cormnence work on initial tasks of stuc!y in
accordance with the time schedule set forth in Exhibit A. Work on
subsequent tasks shall proceed in accordance with the time
schedule. The parties heret-o agree that time is of tbe essence of
this Agreement. 'This Agreement shall te:rtninate upon the completion
of construction by the construction contractor or upon notice by
CITY to CONSULTk~. whichever is first o~curs.
7.2 TIME OF COMPLETrON OF EACH PHASE
CONSULTANT agrees to perform the phased services within
the time limits set forth in Exhibit A provided, hawever z that any
change in the scope of services or other changes due to CITY's
operating requirements, or in connection with other contractors' or
consultants' operations, may require a revised time table.
tasks to
Bxhibit A.
CI~~ agrees to exercise due diligence in perfor.w~ng its
implement CONSULTANT's time table provided under
7.3 CITY'S REVIEW ANY APPROVAL
Between each phase of 'Work thE!re shall exist a review and
approval period by CITY ~ CITY shall el(ercise d'.le dil igence to
complet.e these tasks; however, it is recognized that the
interrelated exchange of informat.ion a..'rllong CITY's various
departments makes it impossible to s~t a specific time schedule.
No:nnally. CITY's estimated period of review and approval will be
furnished to CONSULTANT at the ~ime of submission of each phase of
the work. In addition to City'S review, Environmental Assessment
and Final Plans and Specifications will be subject to review and
approval by the California Deparcment of Transporr.ation ICal trans) •
7.4 EXTENSION __ ~ ___ TIME OF COMPLETIQ~
In the event the services called for under this Agreerr.ent
are not completed by CONSDL~ANT within the time specified, CITY
shall have the option to extend the time of completion. 'this
paragraph does not preclude the recovery of damages for delay ot
either party.
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Cosuult.i4 -Sh<>ro:
•••. July 13, 1m
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§EC"'ION S . CPJM~GES IN WORK
crTY may order !J\aj or changes in scope or character of
work, either decreasing or increasing the amount of CONSt~TANT'6
services~ In the event that such c~~nges are ordered, CONSULTANT
shall be entitlF!d to full cDrr,~!!eati-::~ fc~ all • .. ·o::."k p;:i.""fv:o::7i"icd ~Z'il)r
to receipt of n-':)tic~ of chan.ge. Increased cOlTopensation for major
changes shall be determined in accordance ~ith Section 6 of the
Agreement, but in no event shall CITY he liable for payment unless
t.he amount of such extI.-a compensation shall firse have been agreed
to in writing by CITY.
In the event tha.t maj or cha.....ges are ordered pursuant to
this section, the schedule for progress and completion ... .mder
Section 7 of this Agreement, and compensation under Section 6 of
this Agreement, shall be adjusted by negotiation between CCiNSULTANT
a.nd CITY. subj ect to approval if necessary by the City Council.
SECTION 9 -. TERMINATION OR SUSfl.ENSION OF AGREEMENT
9.1 CANCELLAT!O~~ CONSULTANT
CONSULTANT may terminate this A9~eeroent or suspend work
on the Project by providing thirty (30) days" written notice
thereof to C;TY .. but only in the event of substantial ted.lure of
performance by CITY or in ~he event CITY ab~~dons or indefinitely
postpones the Project_
9.2 ~LLATIQN BY CITY
Without limitation to such rights or remedies as CITY
shall otherwise have by law, CITY may terminate this Agreerr,ent or
suspend work OIl the Project with or without cause. by providing
fifteen (~S) days~ -written not.ice tnereof to CONStn:.-rMIT. or
ilrmediately after submission to CITY by CONSULTANT of any completed
item of service specified in Section 4 of this Agreement.
CONS"tTLTANT agreEs to c;-ase all work under this Agreement upon
receipt of said written notice.
9.3 CQMPENSATIQN_.~ CONSULTANT 1.N , ... ---.TIJ:.E EVENT OF
TERMINATION OF THIS ~GREgMENT
In the event of termination of this Agreement or
suspension of work on the Project by either CITY or CONSL~TANT as
provided herein, CONS~wTANT sha~l receive compensation as follows:
9.3.1 For approved items of service under
Section 4 of this Agreement, compensation shall be in the amount
outlined under Section 6 of this Agreement for the items of service
fully performed by CONSULTANT.
9.3.2
Proceed has :been issued
completed and approved,
For items of service on which a Notice to
by CITY. but which have not been fully
CONSuuTANT shall be compensated for the
Con.ularll· SboI"I
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service in an amount which bears the same rat io to tr.e total fee
otherwise payable for the performance of the service as the service
actually rendered bears to the total se~vice necessary for the full
perfo~nce of the item of servi~e.
9.3.3 In no event shall the total camoensation
p""io in th;e i!!\''!1.~di3tely preceding pa.::-agraphs exceed the payment
specified ~n Section 6 for the respective items of service to be
furnished by CONS~TA~.
9.3.4 Notwithstanding anyt.hing in the preceding
paragraphs, upon tennination for fault of CONSULTANT, CITY sr..all be
obligated to pay for only that portion of the service which can be
incorporated in the Project.
9.3.5 CONSULTANT warrants that it has not
employed or retained any company or person, other than a bona fide
employee working for CONSULTANT, to solicit or secure this
A9re~~nt, and that it has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, comnission,
percentage. brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or formation of this
Agreement. For breach or violation of this warra."1ty ~ ':'ITY shall
have the right to annul this Agreement without liability, or at its
discretion to deduct f:t:orn the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
upon te~nation of this Agreement or suspension of work
on the Project by either CITY or CONSULTANT as provided he~ein, all
duties of CITY and CONSu~TANT, as set forth in Sections 4 and 5
hereinabove, shall ter.minate.
SECTION 1 Q -CONSULTANT' S ACCOUNTING RECQ~_
Records of the fallowing expl':nees pertaining to the
Project shall be kept by CONSULTA.""T in accordance 'With generally
recognized accounting principles and shall Le ma~e available to
CITY at mutually conver..ient times during the term of t.his Agreement
and for three (3) years follo~ing the termination of this
Agreement:
ta) Direct personnel expenses, including consultant
e:xpenses. {See Section 6 of this Agreement.}
(b) Expenses pertaining to Additional Ser .... ices. (See
Section 6 of this Agreement.)
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-OWNERSHIP ~_QLRQCL'MENTS
Subject to the provis~ons of paragraph 11.2 below, the
original drawings, maps, plans. designs, reco~ds of survey. ~ork
d-3.ta. specifications. and any other documents prepared by
CONSL~TANT in the performance of this Agreement, although instru·
ments of professiona2 service, are and shall be the prcperty of
CITY whether the Project for whi,:h they are made is executed or
not. These documents are intended to be used only in connection
w3.th the subject Project, and City will not use the docurnE!nts for
any ~related purposes.
11.:2 Ti?A.'".;SFER TO CITY
Upon termination under Section 9 of this Agreement and
upon CITY's payment of the amount required to be paid under same
section, the originals and all drawir.gs, calculations.
specifications and any similar documents shall become the property
of CITY. an.d CONSULTA.1\1T sha~l t.ransfer them to CITY, upon req'..J.est.
without additional compensation. CITY shall have the right to
utilize any completed or uncompleted drawings, estimates,
apeci::ications, and any other documents prepared hereunder by
CONSULTANT on this subject Project.
In accepting this Agreement .. CONSULTANT covenant.-s that it
presently has no interest .. and shall not acquire any interest.
direct or indi~ect, financial or otherwise~ which would conflict in
any manner or degree with the performance of the services here
under. CONSULTANT further covenants that, in the performance of
this Agreement, no subcontractor or person having such an interest
shall be employed. CONSULTANT cerLifies that no one who has or
will have any financial interest under this Agreement is an officer
or employee of CITY.
It is expressly agread that in the perfo~ance of the
professional services required under this Agreement CONSULTANT, and
any of its subconsultants or employees, shall at all times be
considered independent contractors and not agents or employees of
CITY.
SECTION 13 -QUTSrpE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subconsultants} necessary to aid CONSULTANT in the
performance of the services listed in Section 4 of this Agreement;
provided, however. that all such subconsultants shall receive prior
approval of CITY in writing and shall remain a::-~eptahle to CITY
during the term of this Agreement.
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Iln-Jufy 15, !99~
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SErTION 14 -INDSMNITY
CONSULTANT agrees to protect, inderrL~ify, defend and hold
ha!:1Ttl.ess CITY. its Council moernOe:r-s. officers. ager..ts and e::nployecs
from any and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or arty
other loss, caused by VL dorising out ot C'ONSUL'l'M"T'':;, its
officers', agents', subcontractors' or employees' negligent acts,
errors z or omissions, or willful misconduct, or conduct tor which
the law may impose s~rict liability on CONSULTANT in the
pE:!riorrnance of or fal-lure to perform its obligations under this
Agreement.
S!'C'i"ION 15_-=-INSllRANCE
15.1 INSURANCE COV:e:RAGg
CONSUL1'A1IT, at its sale cost and exoense, shall obtain
and maintain, in full force and efie<:t throughout. the entire term
of this Agreement, the in~urance coveraqe described in Exbibit ~D·
to this Agreement. atCached hereto and made a part hereot by this
refer.ence, insuring not only CONSULTANT and it.s subcontractors. if
any. but also. with the exception of .. ·orkers' cornpensation r
employar'~ liability and professional liability insurance. naming
as addi~ional insureds CITY, its Council members r officers. agents
and employees, and each of them, concerning this Agr~ement and the
Project.
All insurance coverage required hereunder shall be
provided through carriers with an A.M. Best & Company rating of
A:IX or higher that are admitted to do business in the State of
California. Any and all subcontracCors of CONSULTANT under this
Agreement shall obtain and maintain. in full force and effect.
throughout the term of this Agreement. identical insurance
coverage, with CITY named as additional insured under such policies
as required above except that subcontractors will be allowed to
carry lesser policy Limits in proportion to the value of ttieir
subcontract.
Certi-ficates of such ins-urance, preferably on the forms
pl.'ovided by CITY. shall be filed with CITY concurrent.ly with the
execution of this Agr~err~nt4 The certificates shall be subject to
the approval of the Risk Manager and shall contain an endorsement
stating that the insurance is primary coverage and will not be
cancelled or altered by the insurer except after filing with the
City Clerk thirty (3D} days' prior written notice of such
cancellation or alteration. and that the City of Palo ~to is named
as an additional insured except in polici.es of \oIorkers r
compensation, €'.mployer~s liability. and professional liability
insurance. Cur~ent certificates of such insurance snaIl be kept on
file at all t~es during the ~erm of this Agreement with the City
Clerk.
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(:OIIAIrut" ~'"
Rn l"l) IS. 19\1~
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15.3 NO LIM~tT OF LIABILITY
The procuriDg of such required policy or policies of
insurance shall not be construed to l.imit CONSULTANT's ~_iabilit:y
hereunder nor to fulfill the il1dernnification provision and
requirements of this Agreement under Sect i-:-!":. ~~ ~cr€cf.
~ot.withstanding said policy or pol ic ies 8f in(;urance, COill"TRACTOP.
shall be cbligated for the full and total amount of a~y darrage,
injury. or ~oss to the extent caused by th~ ser~ices negligently
performed under this Agreement, including after the Agreement has
te~n3ted or expired.
SECTION 16 ___ -\I;QBKER$' COMPENS"'T1C-,-=~
CONSULTk'IT, by e:x.ec"\.lting this Agreement, certifies t.hat.
it is aware of the provisions of the Lab':lr Coda of the State of
California which requit:-e every I:rr,ployer to be insured against.
liability for workers' compensation or to undertake self-insura~ce
in accordance with th.e provisior..s of that Code, and certifies that
it will comply with such provisions before commencing the
perfor:ro.ance of the wcrk under this Agreement.
~ECTIQN 17 -CORREC':r::L:QN DE-ANY ERRORS (I,.~ISSl:.oNS. AND
AMBIGUITU:S IN CON'fRAC"1' DO~_NTS
Any errors, omissions, or arnbiguities in 'the contract
documents which are discovered before the project is invited for
bid shd.ll be corrected by C"ONSULTANT without additional cost to
CITY _ CONSULTANT services required to make changes in construction
reeulting from errors, omissions, or ambiguities in the contract
documents which are discovered after the contract is a ..... arded shall
be performed by CONSULTANT ..... i thol.lt cost to CITY only insofar as
they result in unnecessary or non beneficial changes io.
construct1on~ CONSULTANT services required to make changes in
const~ction resulti~g from err~rs, omissions, or ambiguities in
tr.e contract documents which are discovered after the contract is
awarded shall be performed by CONSUDTAh~ and sball be paid for by
CITY only insofar as they add benefit to the cons~rJcticn work.
CONSULTANT agrees to perreit CITY t-o audit., at any
reasonable time during the Le~ of this Agreement and for three (3)
years thereaft.er, CONSUl/rANT's record;:; pertatn~ng to mattel'S
covered by this Agreement. CONSULTANT further agrees to rraintain
such records for at least three 0) years after t.he termination of
this Agreement.
2.e;CTIQN 19 ~ AGREEMENT BIN'~JB~
The ter.ms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs. successors, executors,
administrators, a$signs, and subcontractors, as the case may be; of
bot.h parties ~
11
ConsullJlol • She.".
Re'" SIAl) 15, 1993
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~~N 20 -NONASSIGNABILIT¥
20.1 P?RSONAA SERVICES OF CONSULTANT
Both parties hereto recognize that this Ag~eement is for
the personal serv.i.ces of CONSULTANT and cannot be transfeLTed,
assigned or subcont~acterl by CONSULTANT without the prior written
consent of CITY.
20.2 ~R.VICES OF sYBcor';SULTANT ~~_ TH~_JR EMPLQYEE<:
CONSULTA..."TI' shall be: resoonsible for employing or engaging
all persons necessary to perform the ser'\fices of CONSULTANT
hereunder, and with respect to CITY shall b€ pr~~rily responsible
for the work performance of suc:h persons, including: any sub
consul tants of CONSULTANT ~ If CONSULTANT's subconsultCints are
dee~~d ·employee6~ by a court of competent jurisdiction, thell such
subconsultants shall be deemed nemplayees~ of CONSULT~~ and not
~employees" of CITY. CONSULTANT shall give its personal attention
to the fulfillment of the provisions of this Agreement by all of
its employees and slibconsultants, if any, and shall keep the work
under it.s contro],. If any employee or subconeultant of CONSULTANT
fails or refuses to carry out the provisions of this Agreement cr
appeare to be incompetent or to act in a disorderly or ~mproper
mann~rl he or she shall be discharged immediately trom the work
under this Agreement on d~and of CITY.
~S~E~CT~IUO~I~<~2~1~~~RE~~~ANCE UPON oROFESSIONAL SKILL OF
CONSULTANT
It is mutually understood and agreed by and between the
parties hereto tbat CONSULTANT is skilled in the professional
calling necessary to perform the wDrk agreed to be done hereunder
and that CITY relies upon the skill of CONS ....... L'TANT to do and perform
the work in the most skillful ~anner. and CONSOLTANT agrees to thus
perform tne work. The acceptance of CONSULT~~'s work by CITY does
Dot operate as a release of CONSULTANT from the obligation~
~EL'!:ION 22 -WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this Agreement or of any
provisions af any ordinance or law shall nat be deemed to be a
waiver of any s~ch term 1 covenant z condition z ordinanc2, or law or
of any subsequent breach or violation of the same or of any other
term, covenant, condition, ordinance or law. The subsequent
acc:eptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term,
covenant, or condition of this Agre~~ent or of any applicable law
or ordinance.
SECTIO~ -NO IMPLIED WAIVER
12
C~lIInl· Shm.
11-'u./)' IS, 1Q<}3
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No payment, partial pa}'rn~nt, accept.ance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agre8ment.
!i~~~ AND ATTORNEYS' FEES
The pr-evdili!'lg party in any action brought to enforce the
terms of this Agreement or arising out of this Agreement may
recover its reasonable costs and attorn~ys' fees expended in
connection with such an action fram the other party.
SECTTON 25" NONDISCRJMJNA'IION· PENALTY
25 . 1 r2,.tTTX OF CONSULTANT
No discrimination shall be made in the employment of
persons under this Agreement because of the age, race, color,
~ational origin, ancestry, religion, disability~ seXual preference
or sex of such person~ If the value of this Agz:ee,\11ent is, or.:.lay
be, Five Thousand Dollars ($5,000) or more, CONSULT~~ agrees to
meet all requirements of the Palo Alto MUnicipal Code pertaining to
nondiscrimination in employment. including completing the
·Compliance Report-~Nondiscrimination Provisions of City of Palo
~to Contracts~ on the form furnished by CrTY~ attached hereto as
Exhibit "0" and made a part hereof by this reference.
In order to meet City's goals for DBE participation on
City projects. Consultant shall provide the following information:
(i) names of DBB subcontractors and suppliers; {ii) a description
of the work each DBB participant is to pe.r'form or material to be
furnished and the dolla~ value of each DBE subactivity; and {iii)
a report itemdzing participation by ethnicity and sex; and will be
required to meet the minimum goal of 18% DBE participation by
Cal trans-certified DBB firrr~.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision substantjally as
fellows:
"Provider shall provide CONSULTANT with a
certificate stating that he (or she) is
currently in compliance with all Fed~ral and
,state of California laws covering
nondiscrimination in employment; that he (or
she) ,.-ill pursue an affirmative course of
action as required by the A£firmative Action
Guide.lines of trle City of Palo Alto; and that
he (or she) will not discriminate in the
employment of any person under this contract
because of the age, race , color, national
origin. ancestry. religion, disability~ sexual
preference or sex of such person.-
13
COfIIUltatt· Shor't
Re>.', Illi) L~. 199J
25.2 PBNALTY FOR DISCRIMINATION
If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Pair
Employment Practices Act or similar provisions of federal law or
executive order in the perfonr.ance of this Agreement. it shall
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to c~cel or suspend this Agreement, in
whole or in part, or to deduct f:rom the amount payable to
CONSULTANT the sum of Twenty-Five Dollars ,$25} for each person for
each calendar day during which such person was discriminated
against~ as damages for said breach of contract, or both. Only a
finG.ing of the State of Cal ifornia Fair Employment Practices
cozrrmission or the equivalent federal agency or officer shsll
constitute evidence of a violation of contract under this section.
If CONSULTANT is found in violation of the
nondiscrL~ination provisions of this Agreement or the applicable
affirmative action guideJines pertaining to this Agreement.
CONSULTANT ~hall be found in mate~ial Dreach of this Agreement.
Thereupon, CITY shall have the power to cancel or suspend this
AgreeJr.ent, in whole or in part. or to deduct from the amount
payable to CONSULTANT the s~~ of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONSULTANT is found to hav,= been
in such noncomplian~e as damages for breach of contract, or both.
SECTION 26 -llBBlTAATI.QH
Upon 3~reement of the parties any controversy or claim
arising out of or relating to this Agreement may be settled by
mediation through the American Arbitration Association [or other
mediation1 service before recourse to arbitration.
If mediation does not resolve the fee dispute, ::ouch
dispute shall be settled by binding arbitration in accordance witn
the Construction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrator(s) may be entered in any court h~ving jurisdiction
thereof.
SECTION 27 -NOT~
All notices hereunder shall bt? given in writing and
mailed~ postage prepaid, by certified ~~il. addressed as tallows:
To CITY: Office of the City Clerk
Post Office Box 10250
Palo Alto~ CA 94303
14
CONUk.nI ~ Shof1
).e\'. i..;y l~. 1993
COpy to: ~.arvin OVerway
City of Palo Alto
Planning Department
P.O. Box 10250
Palo Alto, CA 94303
To CONSuLTANT: Attention of the Project Director
at the adQrsss of CONSULTANT recited above
£~JQN 28 -ALL CQVENJI..,NTS ARE CONDITIQN.~_
All provisions of thiJ3 Agreement are expressly made
condi tiens .
AGREEME1'IT CONTAINS ALL UNDERST8m)JNGS;
This docunlent represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all priG:'
negotiations, representations, and agreements. eith~r written or
oral.
This document may be amended only by 'Written insr.run'.ent,
signed by both CITY and CONSULTANT.
SECTION 30 -(illVERNIN~
This 1:.greement shall be governed by the laws of the State
of california.
IN ~TNESS WHBREOF~ the parties hereto have executed this
Agreement the day and year first above written.
AtTEST:
City Clerk:
APPROVED AS TO FORM~
Senior Asst. City AttOrney
APPROVED:
City Manager
Director of Finance
CITY OF PALO ALTO.
Mayor
15
Coo-, .... IT.u:\I. SI'lon
Rev.Jllly 15, 199)
Chief Transporta~ian Official
Risk M3.nager
Attact-~nts :
EXHIBIT "Ail:
EXHIBIT "B"!
EXHIBIT "e":
EXHIBIT "DiI:
E,."iGUBIT -B":
SCOPE OF PROJECT & TIME SCHEDULB
RATE SCHEDtJLE & PAYMENT SCHEDULE
ADDITIONAL AND REIMBURSABLE SERVICES
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
16
ConaIh.a.M Sbon
Rn.July )5,11193
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I EXHIBIT A
SCOPE OF PRQJECT ANP TIME SCHEPULE
PROJECT DESCRIPTION
Ths project Includes the design of a bike path which fies just west of the Caltrain railroad
tracks and runs from Churchill Avenue in Palo A~o to the south end of the Joint Power.
Soard (JPB) parking lot at the Palo Mo Caltrain Station. The pathway route includes a
bridge crossing of Embarcadero Road and runs through properties belong ing to the Palo
Alto Unified School District, Stanford University, and the Joint Powers Board right-of-way.
The s::ope of services include project manag"",ant, geotechnical studies, environm ..... tal
assessment, obtaining field topography to supplement thJ Citys Survey Sheets,
prepara~on of right-ot-way plats and de.cripUons, preparation of plans, specilica~ons and
~mat.s, for bike path Bfignment. drainage, safety fighting, fencing, bridge, and
construction services as ouIfined in the scope of services below.
SCOPE OF SERVICES
"-PROJECT MANAGEMENT
1. Management and Coordinaton
Project Coordinator Steve Sherman will provide overall project
management He will asslgn tasks to appropriate project personnel,
monitor progress, conduct project reviews, "rovide fialson with the
City and the other inlerested ggencies inclucfing Callrans, Joint
Powers Board (JPB), Palo Mo l'nified School District (PAUSD),
Stanford University and fibre optics oompanies, and assure that
HMH's i'1lemal quanty assurance procedures are followed.
Dave Schott of Advanced Eng inearing Design and other members
of the Consu~ team will assist in the management of the project
by coordinating technical d_'s of bridge staging and utility
adjustments with the JPB, rall operators and utility companies.
2. Project Meetings
The Project Coordinator will conduct the project meetings at
appropriate intervals. A maximum or 6 meetings are included in this
scope of services. HMH will distribute an agenda to an attendees
with notes of the previous meeting approximately one week prior to
each meeting,
3. CoordinatiorjPu~r.c Meetings
In addilion 10 coordi nation and tha periodi c project meetings, the
Projed Coordinator and appropriate project staff will be available 10
attend six (6) coordination andior pubflc mee~ngs with the vanCIL'S
interested agencies ~""'chiteclural Review Board, Planning
Commission, City Council and JPB).
S. ENVIRONMENTAL ASSESSMENT & NATURAL DIVERSITY STUDY
An env;ronmarrtaJ Assessment consistent witM CEQA requirements
will be prepanod usir.g !he City standard check ~st In addition, a
Natural Oivernlty Study complying with NEPA sla'Y.Iards, which win
be subjact 10 review and approvai by Caitrans, will be prepared.
2. Natural Diversity study
Consultant will ratain H. T. Harvey & Associates to prepare tho
Naiural Diversity study consistent with IIIEPA reqUIrements.
a Retdew of Bm;kqrpuad Information ~ Availab~ information on
bio6c resources which ooc:or in the vicinity of !he study area
will be reviewed in order to help focus fiald SlHVeys on
potential spedal-slatus 'Nildrde and plan! spedes, and other
tMotic resources subjact to regulatioo. This information
includes U.S. Geological Survey Maps, National Watland
InYen10ry Maps, CalHomia Natural Diversity Data Sase
Rarefind Repolts, Cardomia Native Piant Socie~i Inventory,
and other miscellaneous information available through !he
resource agencies and pnevious1y pub"shed studies for
projacts In the vicinity.
b. Bioti;; Surveys • Existing biotic habitats of the project srte will
be mapped and, ~sts of all wildlH. and plant species
observed on sit. will be generated.
A reconnaissanoe-level assessment of areas which meet !he
regiJlatory definition of Waters of the Unit9d States (waters)
on the project site will be pnepared. SUICh habitats will be
identffied usi ng criteria developed by resource agencies with
permit au!horily over activities within these areas. The U.S.
Army Corps of Engineers (USACE) regulates activities over
Waters 01 the United States, which includes seasonal
wetfands and seasonal drainage channels, under Secti"" 404
of !he 1972 Clean Water Act.
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Stalf botanists and wildlif<l biologists will assess the potential
01 Mbitat on site to provide suitable habitat for special-status
plants and wild life.
c. P/'rt!)f)@tioo of Biotic Nap Diyersitv StudY . The Natural
Diversity Study will summarize field methods and resutts and
potential impacts of the proposed project upon biotic
resources subject to regulation. ff needed, recommendations
wi II be made for further biotic resource surveys at an
enhar.c:ed level of effort.
3. City Review
Consultant will submH five (5) copies of the Draft Environmental
Assessment and Natural Diversity Study to the City for review and
comments. Consultant will incorporate Ci;ylCallrans comments into
the assessment and provide ~v. (5) copies te the City. Consultant
will work with City and Cartrans to obtain environmental clearances
prio< to review of Pffliminary Plans.
C, SURVEYS AND RIGHT-OF-WAY
1. FIeld Surv<oy'S
FIeld surveys fortopograpllicfeatures, utilities, and eXisting rights-of
way will be conducted to supplement survey data provided by the
City. The following specific surveying tasks are contemplated:
a. Obtain c:atails 01 existing control shown on " = 40'
topographic mapping provided by the City.
b. Perform supplemental field topographic survey along the bike
path corridor i • .cludi • .g t'-re tnidge site adjacent to the
Embarcadero Road underpass. Survey will include existing
pavements, roadside dHches and curbs, rim elevations of
accessible utility manholes, inverts 01 accessible drainage
structures and cross-sections .s needed for quantity
estimates and design.
c. Prepare topographic mapping in AuloCad format for use with
existing dam provided by the City.
2. Right-of-Way Plats & L.egal Descriptions
Right-of-way requirements will be determined and submitted to the
City for approval. Right-of-way activities will include:
'. ~ . .' -.
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a. Collect and review existing right-of-way ,,,cord maps, records
of survey, parcel and sub<ftvision maps, and obtain pertinent
supplem.rltal information as needed. City will provide
preHminary title repPr+.s.
b. Assimilate data Into AutoCad lormat, compute and plot
hardcopy of exis!:ing :'gllt-of-way angnment.
c. Mer City approval of the right-of-way, prepare plats and legal
descriptions for easements 10 be acquired by the City.
ConsuJlant will provide copies o! craft plats and description
to !he City for review and then incorporate City comments
and provide copies 10 !he City.
D, DESIGN VARJA"!lON SELECTIONS
I. Bikeway Alignment Selection
The proposed bikeway alignment is from Churchi I! at Castillega
running on the north si~e of Churchill on PAUSO property to the
railroad tracks veer'.ng towards tf" ... north nunning Vlest of the tracks
through PAUSD/Stanford lands crossir>g Embarcadero over a new
bridge and through !he JPB property up to the south end of !he JPB
parking lot. The pam may nun on !he lop of !he slope wrthin JPB
property. The precise Srf9MM!nI of !he bikeway will be developed
based on Caltrans Class I Bikeway Standards, preservation of
exiSting trees end proper alignment of the new struc!'..lre. Two
sd'lematic plans for !he landseape island near Churchill Aven"" will
be prepared as part of the Alignment Selection.
2. Bridge Type Selection
Conduc! a stu<iy of four (4) a~emabve structure types with
cooslde;ation of constructabi lity Dver traffic, aesthetics. cost and
other faclc<s. Present elevation and section sketches to City staff.
Provide an architectural perspective drawing for each attemative
(maximum of two) to be p<9SBnted to the Citys Archite.."'1ural Review
Board (ARB). Prepare a brief report discussir>g each ahemative end
inciude a recommendation and a general plan, elevation, typical
section and cost estimate lor the pref&rred ahemative.
E. GEOTECHNICAl INVESTIGATION
Panl<h Consultants will be retained to investigate exisn ng su bsurlace
r;or,d'rtjons and make recommendations for design conceming bridge
foundations and bikeway pavement sections. The itwe$tigaton consists of
the following subtasl<s:
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1. PetmjtlilResearph: Obtain necessary encroachm ent permits from tho
City and JPB for field explorabon worK-Review readily available
geologic and soli Iit ...... ture.
2. Field fJW/ql1ltjpn: A total 01 2 borings on the order 01 40 feel deep
(subj&c:t Ie soli conditions) are proposed to explore the subsurface
conditions at the bridge s~e. Warning signs 3nd traffic control will
be provided for pedestrians and bike traffic. Classify and
continuously log subslnace soli conditions encoontered in each lest
boring at the time 01 drilnng. Obtain 'relatively undisturibed" and
bulk samples 01 substrata from test borings.
Coiled approximately fOU' (4) surface .. ."ples using hand
equipment along the bike pa!h aAgnment.
3. I abnnotwv Testing: Perform laboratory lests on representative soli
samples inclUding moislufe density, direct shear, unconfined
ccrnp<essioo test, gradation analyses, corrosion tes1s, plasticity
index. oonsolidation test for the structure, and R-value and Plasticijy
Index tests on two representative sam p les of the subgrade soil for
bikeway pavement desig"-
4. Soils An8!ysjs!Eva!uetjqn: Pertonm engineering analyses and develop
design recommendaton!; for !he support 01 vwlical and lateral loads
for the proposed structure 3Up.,ort
5. £atttnvort: Present earthwork criteria, including requirements for
clearing and site preparation, subgrede preparation, compaction,
reuse 01 on-site materials and utility trend1 backfill.
6. Pavement:;: ?resen! 1Iexible pavement recommendations based
upon !he AC pavement thickness selected by !he City and the
""",lis 01 R-value testing.
7. FlnRl Report: Prepar. detail report including design
recomtTl<Indations for foLndation types. Information related to
CaJ\1ans Seismic design criteria such as depth to rock nke material,
etc. shan be provided. Prepare written report for tile bridge structure
doo.Jmenting the work pGrlOrmed, physical data acquired and
geotechnical design ",,,,,,,,mendabons. Using !he general plan as
a base map, we will provide boring logs either on a fun size sheet
or in standard letter tonnal A separate letter report will also be
prepared with a site plan, field and test data, and concJusions and
I'9CCI1'Imend.ations for design and construction of !he paved bikeway.
Consuttant shall provide three (3) copies of each report to City.
B. GaoafforWgnlDesign Re'ijew Consultation: The Geotechnical
Engineer will assist d~ign team during destgn review prOCfiss and
attend meetings rn necessary).
F. PREUMINARY DESIGN (60% PLANS AND ESTlMA TE)
This tasK will include preparation of Prenminary Plans and a Prefiminary
Eslimale 01 Probable Construction Cost Plans will be prepared at a scale
01 l' = 40' in sufficient detian to show the general project desigr"
Preparation 01 plans will include consideration 01 the foI1awing issues:
• Preservation 01 existing trees.
• ConfOf111ance to Cailrans Class I bikeway requirements.
• Safety and minima! con1Iicts with adjaoent use ....
• Coordination with JPS, Caltrans, PAUSD, Startord and fibre optics
companiles.
• Separation 01 pedestrian traf!ic along Churchill from bicycle traffic.
• Aocass lor fib<e optics and Amtracl< maintenance vehicles lor
mainteoance 01 their facilities.
• Prevention 01 vehicular access to BikeJPedestrian bridge.
• Grade diflenantial close 10 redevelopment ar",,-
• ADA requirements lor access.
• Periodic use 01 and access to the Caltrain platform at Em barcad .ro
Road (utilized in conjunction with major events at S'.amord Stadium).
• Other design leatures and dalails wiil include salety hghting,
drainage, striping arid signing, horizontal and vertical alignment.
elevations, cross sections, fencing between bikepath and the
ranroad tracKs.
• Bridge plans will include structural dalails, bridge abulmants,
seismic anchor,;, wing walls, railing, elevations, and path
approaches .
The plans will be substantially prepared in AutoCad, and to the oxlen:
p<actical, based on City preferences and the Caltrans Drafting and Plans
Manual. The following sheets will be prepared:
TIle Sheet
Typical eros. Sediom & Details
lAyout. C<Ulage & U!lIlIJe$
Slgrmg and S!1!ping Plan
5aIe<y Lighting Plan (1' c 100')
PIant<lg ancIlrrigation Detai (Ch.",:l1il Ave.)
PedostrianIBic:y 8OOgo (1' = 20')
General Plan
F_PIan
Bridgo 00IBis
,
1
3 ,
2
,
2
13
Plans will be prepared in sufficient detail 10 support qLlaflIities 01 major
"ems lar the f'reIlminary Estimate 0: Probable Construction Cost The
estimate win be based on approximate quantities of major items Iypicallor
!his I)"" 01 construction, our experience w;:n similar projects, and
engineering judgement. An appropriate contingency factor will be
included, based on diseussi<>ns with City Staff.
These plans will be furnished 10 !he ag~ and utilities identified by the
City lor the purpose 01 coordinating any required adjustments, relocations,
or po!ho~ng. They will also be submitted 10 the Joint Powers Board with
!he ,... ary app~calions in order to begin processing of any required
Encroachment Permits (Total twelve (12) sets).
G. DRAFT PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
95% SUBMITTAL· 5 SETS OF PS&E TO CITY, 6 SETS TO CALTAANS
, . Draft Project Plans
The Pn.fiminary Plans wili be upgraded te draft farm based on
comments racer<ed so that the City and Caltrans may review the
complete details 01 the project Chang eo in design drrecti on. such
as afignmenl changos or bridge type changes, requested after
review of Preimrnary Plans will have an impact on the project
schedule and will be considered as extra services.
2. Drat! SpecificatiOllS
Specifications will be prepared in draft form using City and Caltrans
Standard Sp<ldfications. Specifications can, at tho Citys request, be
prepared in the lormal of Caltrans' special provisions to ease
Caltrans review.
. ,
.~ -
3. Enginee~s Estimate
Tne Prer.minary Estimate of Probable ConstructJon Cost will be
re\lised and updated lor use in the Bi d Documents using standard
City a:ldIor Caltrans nams. EstJmated unrt prices wi!! be determi'led
based on the quantities involved for the various rtems, OUT
experience with similar IocaJ projects and engineering judgment.
H. RNA!. PLANS, SPE~JRCAnoNt AI':'" ESTIMATE
1. ?repare Bid Doeumants
Alter review 01 the tr.aft Plans, Specifications and Estimate by the
City, the other interested agencias as determined by the City, end
Callrans, !he F"1flaJ Bid Documents and Final Cos1 Estimate will be
pnlpared in acoordance with Caltrans' reqUirements and the City's
instructions. Consultant wili work with the City and the other
agencies 10 resolve conflicts among the various review comments,
Final plans and speeifioations will incorporate City, Caltrans and
other agencies' comments as directed by the City.
2. Fanal Review & Revisions
The City and Callrans will be provided the opportunity to review the
completed Bid Documents and direct minor revisions. Rnal Plans
a.'1d specifications will be subject to review and approval by
Callrans.
3. Incidentals
All i1cidental work such as telephone and office charges, lrave I
expenses and <:CSts related to copies 01 PS&E up to Final PS&E
Approval wili be included herein excapl the cost of copies 01 bid
clocuments for bidding purpases which will be reimbursed on a
reimbursab Ie basis.
I. CONSTl'IUCTION PHASE SERVICES
1, SerJioes During Bidding
During the bidding period, (from advertisement throug h oontrect
award) key mem bars of the Consultant team will be available to
a1\end the pre-bid meeting and answer design questons.
The Consultant wi II prepare addenda clarifying the bid documents
and the design as dinacted by the City.
2. Construction Support Services
a. Atte'ld the pre-ccnsl'UCtion meeting.
b. Visit the project site on a regular basis (approximately semi
monthly) to review that the wo;k is in general conformance
with the design intent This item does not incJude detailed or
extensiV9 observation or inspection or construction
administration services.
c. Revi&w shop drawings and submittals which are required by
the project specifications. Review wl1i considar only general
conformance with the Consultanrs dasign concept and
g&neral oompU"""" with the contract documents.
d. R&view requests for information and c!1ange orders.
e. Provide record drawings based on marked",p plans provided
by the City.
" DUTIES OF THE CITY
city wiH p;ovida the following servioes, information and reports to the consultant.
A. C!.nent preRminary title reports.
B. Copies of aR available plans, exhibits, records, data and information
pertinent to the project
C. Permission to ent&r City property as necessary to perform the services.
D. Assist Consultant in obtaining necessa'Y rights of entry to enable
Consultant to enter pubflc and private property as needed to perform the
services.
E. Pay the DOSt of aR fees, permits and other charges not specificall): inclUded
in this Agreement as a Consu~ant responsibility.
F. Nego~ate and obtain easements and right-of-way as required to oomplete
project
G. Provide oonslruotion supervision, inspe~on, administration and
coordination, including any welding inspedions required for a steel bridge
alternative.
III SPECIAL PROVISIONS
Sel'llices lor the following items are specifically ll!1! included in the Scope 01
S&rvices. This is not Intended to represent a complete fist, but is included lor
addrtional clarity.
A Arty aervices related to soil contamination or soil ~ntam ination mitigation.
s. SUbsurface wate, cralnage, dewa!erin\I facilities and pumping stations and
force mains for storm drainage and sanitary sewer.
C. Ce<1ifica1ions to any entity as to quality Of' completeness 01 c:onstnJc:tjon.
D. lJncoIIering or pothoIing axisting underground faciliti ....
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EXHIBIT C
AppmONAL AND REIMBURSABLE SERVICES
Ac!d!!lonal St!y\Cft
• Provide up to three (3) additional archttectural pers peclive draWIng. showing the
new bridge design and the re .. tionship to the existing bridge.
(ColI! $1 ,DOO.OO each)
• Provide construction surveying services consisting of one (1) set of stakes for the
following:
, . Slope stakes at the catch point or toe of slope on approximately fifty (SO)
foot Intervals.
2. Rougll grades for edge of pavement at right-of·wayon approximately fifty
(SO) i0oi intervals.
3. Fonish grades at fifty (SO) loot l'l!ervals for edge of pavement
4. Hubs at new right-of·way and/or fence alignments on approximately fifty
(50) stations.
5. Storm drainage inle1s, manholes and pipes.
6. Safety lighting locations.
7. Offsets (horizontaJ and vertical controls) on centerr.r.e of bridge abutments
perpena1cular 10 the oenter,ne of bike trai I.
8. Upon completion of forming. check cap steel and or final bo~ pattem
aigM1enl at each bridge abutment and calcu late overall length between
abutment anchor bolts.
(ColI! $10,000.00)
• Provide oil-site construction observation for prefabricated arid/or p"ecast elements
o! the Embarcadero Road Bike/Pede.trian Bridge as follows:
1. For Welded Steel Strudure:
Provide daily observation at the fabrication shop of Contractor's welding,
testing, and certified inspection operations. Determine ff said operations
are in general conformance to the requirements 01 the plans and
spec;fications. Maintain record s 01 weicflng and testing openations 10 be
". '
,
o
furnished to lhe CiIy's Construction Administrator by arrangemenl Frollide
follow-up as necessary on replace<1 and retested welds.
2. FO( Precast Concrete Siructure:
ProIIide periodiC observaton allhe casting yard ollinished forms, complete
re-bar plaosmerJl. final prestressing duel and strand pJacemen~ and
c:oncrete pour$. Observation 01 these critical ope,a~ons would be arranged
based on intorm~on provided by the Contrac!O( and the City. Provide
docUmenIa!ion of eecl1 observation to CiIy's Construction Administrator by
arrangement.
(Coet: On. cIIa1ge rate buil 01 SS2!hD'" far S<mlor fie! d Engl..-and I
mil .. "" rata or $O.3C/mlle belw .... the project site and the sIlop or yard, naI
to aCMd $8,Il00).
• Provide up to One Hundred FIfty (1 SO) sets of bid <locuments.
"./.': . -..:.. ~
DEUE'V ,AIENTON a ASSOC.
P.O. au 1.2175
\00 01. Str .. t
0. .. and, tA f4104-2.&15
4II'$-4I$ ... 3QiO
HlitH~ Jnc.rffllr.t.cI
P.'). In '1'~'C
Sin Jose CA 1'515'-1510
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lilbility
P1481811-01 t, ~C~ C. OOC ,er
crlill a InnlUl IU .
City.1 '.1l1li ... It.
J;jsk J"nlSller
P.C. lu 1D250 'a'. A11., ~ 54'03
.....
~D "N-,:QI= 'I~ .~~~SCRSEC\'Qj..~'s\.e'~~:tdLE~:~~'~: i
E.~A ION OATE Tl-EREOF, 11-£ ISSUIh(; eot..t='ANV W(.l E'IIaAVQ>I 10
MJoI.. 10 C,,"'I'SWiII,ll£Nt«:llcr lO iI-EC;£ll;tIFC"lE\oC)lOERNMdfOmn£
LEFt:euTFlI.LR; TO ~At. SUC>I NOTa: SHAlL...-oSE NO Oel.lGA!ON 001
" VAeurV Of' "NY 1(H:l~;j.£ C(;M1",M' .'TS""CENt SO>l RfHlESEN!" TNt!
10lO000
Certificate of Insurance
Agene" Nam. and Addreu;
Prcfesslon.al Practice Insurance Brokp.rs
10 c.rdomfa Street
Redwood City, CA ~4063-1 513
14151 369-5500
lmoured's Name and Address:
HMH, INC.
P.O. &x 611510
Son Jose. CA 95161·1510
1M.S C!FlTtRCA TE IS ISS· AS A MATT.ER OF INFORMATION"
ON .. ,:, AND CONFERS NO I'IGKTS uPON THE CERnr'cJ,TE
HOLOEFL i1-IlS CERTIFIC1.TE DOE5 NCT AMEND, EXT!NO OR
,t. TER THE COVERAGE: AFFORDED THE POUCIE"S us rEO SE!.OW.
Campanies Affording Coverage
Company A -TRANSAMERrCA !NSURANCE COMPANY
Companye -AMERICAN MOTORISTS INSURANCE CO.
Company C-
Com a 0-
~. TN:!; II TO ~ ~T ~c.n:. O~ _""-"Ie! ,,'$'Tal Ie.ow ..... vt !fbi I$SUS) T() ~l ~$UII(C '01 ... ,,11%1 AlOV! ~ 'flo+l ""'-In PE!IJ{)O LIOCAfm. "T'MT"O$T_ NfV RIQI.IPUJol~. ntIM Cl't t~omOf< Of' />JOy CO"<T'I,.loC"1' 0fI On-OIl lI<lC .... &lT \M~ II[$Pfe":' TO _10< """'$ CElH10lc,o,n ...... ", t( '~SlJm "" ./oj",.,.. 1I'8fT_. ~ """""""" ~tt; n nu f'Olle,U.OESCJ<iIiED "DOlI'It I:II:lllJl..:KT TO .....,.1H(,.."....s. D:~0f05, -0 co .. c,rl~s c:I~ III"..N JI'OLJC!U.
•
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INSURANCE
GEJEW.UA8IIJTY
[Xl CotNnI. Gen_ UebiBtv
! I a.tm. Med,
rxJ OcCUtf'lnt.
Own.r" •• Comraetol"l
PTot'M:ttv.
AUTO UAIIOJTY
1XI "'"lIAuI~l.
1 All own.! 8<lto.
I .5d.dullMl auto.
I HtwcI Ml!:U
I Hofl.. o...-d .vUHI
] GerllP iabiity
EXCRs UAIIIUT"f
[ I _Fo~
~ u.." 1..Imbt1III. Form ...........
COMr~M.T1ON
ANn EMPtO'fBtS'
UAIIIUTY
i'OUCy --
CA31914568
3CW2:3!5712-01
I'OUCY
EFF£C.OATE
03'2J1f13
03{~!1$3
0910'113
POUCy
IEXJI'IA, DA T'E
------~ ~3129t94
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llMITS
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Fir<! DMrI . ., 0'1'!l ",IJ
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Sooily 1,,;UpY p.IfIr ~'30n
Bodily lloju f'{ ~cr lee;:hflt
Pr~Oem.~
e:.ef1 Oec..ln.(IC:,
AgQl"pll
StiNloI'V l.Jmrts:
EBen Accid..nl
Ois .. ",-PcHitv limit
Oi_e--Eacn
&no',
• 2.000.000
• 1.000.000
• 1.000.000
• 1,000.000
'50.000
" 1,IXlQ.QOO
• •
• 1,000.000
• t,IXIO.O()O
• U~OO,OOO •
"
Oacriptioo af Operati'ons!1_ocationsNehicleslRe$victionsJSpecialltem s:
All operations of the named insured. Gen. liali. & Auto only: Tha City of Palo Alto is na.med 01$ additional insured
b""1 only as respectS riabirrtv arisino out of the named insureds operatio/".s for Professional Services Agreement; thi,s
policy is prim.uy as re5Pects atty insutance carried bv the ad<f'!tiooal insur4td with re~ct to work. performed by me
named insured.
Cenificate H'older:
CtTY OF PALO ALTO
P.O. &. 10250
Pa'" Alto, CA 94303
A.ttJ\: Risk Manager
Tltl lIIo(la./llilClATt u .. rr I'S l1'OE TOT .... ~S\.olIIAHCE ........ M..MI.! FOfII CU\i"'$ PJIIE!HNTtO
WI.,..,.," nit JlCUCY ~ /!til CPElVtTlC..s G." 1'>l.t IWSUI'ICl. CANCEl.l.AnON:
!t<ClII.ll AlII ... O~ 'n<f .... eve O~~ JIOtJCI!S.' CAAC!I.LEl IE1CI'Ir 'Ptf Uo"IIV.T1~
D,rr TlifJU:Of. NE ISS'-"""'C:i C~.l,H'I', ITS ..c;ENTl OR ",",~5ftH"'11VU 'oMr,.L
~t:A~ TO .. l1li. JIO CATS' _"TV\IIrjOnCE TO TNf tEPmI'lCATt HOLllOl JU.MED TO
no! LEn' lIlT ,....1Ml -:-0 __ S'-'CM JoCl'lC( StAU. IlM'OSI: "'OLJ~UTY ~ ()auCiAI1~
Cat.: 9i2af!.l:tJ.I
--.----
"
-,
\
TRANSAMERICA INSURANCE COMPANY
Polky Chan It EndQl"Sf1Ucot
b>ound: HMH,lNC.
PoIJq NWDb<r. T +30U9064
COMMERCIAL BUSINESS AUTOMOBILE UABrLlTY
ADDmONAL lNStJl\EO -PlUMAllY
~ foUowiD, if; t6ded tD SECTION n -WHO IS AN INSURED:
A. 1111. AlJy penon Of' 0tpDilati~ named betaw bw oDly for-li.ahiIiry lrisU!g ow of opemlOCli
,"","wed,.,. "'" oddi<iouol ""'=<! by the ...... Uu=d.
TobIl ___ ~: .... A"eIi.
< .~
COMPLIANCE REPORT Non-Discrimination Provisions of Palo Alto
Contracts
..
IMPORTANT
This report must be complE'ted by prime
contractor and each subcontractor.
Complete an items unless otherwise
instructed. Use extra sheets it
necessary. SlIBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO:
Embercadero Road Bicycle
Pedestrian Bridge and
Project Bikeway Extension
Name of Firm H.~ I."nc,,-,-, __
Telephone (408) 294-3232_
City of Palo Alto
Public Works Engineering/Staff Secretary
Crvic Center -6th Floor
Name of person preparing form,
person to contact.
250 Hamilton Avenue
Palo A'to, CA 94301 Cheryl Milleext.# 197
Circle One: Prime Contractol Subcontractor
Part I Complete the Following:
1. Furt name and address of firm HNH, Inc,
P,O, Bvx 611510 or other reportin 9 unit covered --->
by this rep<>rt. Sau Jo,e, CA 95161-1510
2. Name and address of principal James T. Harper, President
official or manager. ---> (same)
3. Name and address of principal Same
office of company. .-. >
4. Name and address of parent
company if an affiriated ---> None
co/paration.
5. Name and address of prime
contractor (complete only if
this is a subcontractor's
report.
6. Signature and title o~
authorized representative.
_ .. >
BY: Gu:t~)
Cheryl Miller, Office
OATE: ~fd:; .,fl$ 199.,3
I I
Manager
. ,
Part II
1.
Part III
-~-" -. "."":~.'./
':.~" -'-, .
. ,' .... -.,". '
-' ---"'< 'i<'"C:'"ACC,", .,,;, ; ,,""
Anach 8 staterr.ent of your company's policy on eQuaf employment
opportunity to ail persons without rega,d fo race, creed. co!O(~ national
origin. or ancestry, and describe what steps have been taken to put this
policy into effect.
Circle the Proper Answer.
1.~ No Have you informed company officials and representa1ives regarding the
non-discrimilV3ltion provisions of CitY of Palo Alto Contracts?
2@>NO Have you examined your company's practices regarding assignments,
layoffs or transfers of your employees from one fob to another for
evidence of a practice or employment pattern that might appear to be
discr;mii18tQfy and based upon sex, race, color. ancestry. reng10n or
national origin or disability? Are they non-discriminatory?
3. Yes @ Do you have educational or training programs sponsored or financed for
the beriefit of employees or prospective employees.
a. __ How many people participate m these programs?
b. __ How many are minorities?
4.((!) No Does yOIJf help wanted advertising s!ate that you are an equal
opportunityemproyer?
ATe any apprentices obtained from sources outside the emproye~s work
force? if ves~ have you eireufated information aoout -apprenticeship
openings or opportunilles to the fonowing.
Yes@
Ves@
ves@
ve.@
ves~
State Empfo'jment Offices
Newspapers or other media
High Schoo!s, including those in minority group areas.
locat trade or vocationar schools, including those with
minority group students.
Agencies and/Of organization speciarlZing in minority
employment.
-2-
I
6.@NO
7.& No
8.
Part IV
'@NO
"
ves@ Federal or State apprenticeship representatives.
~a~ ~s l.ocal 3
Others Northern Caluom1a Joint Apprenticeship Ooami ttee
If you are 8 prime contractor have an subcOnlractors covered by these
compliance ~spectjon leports been fnstructed as to their cOnlractual
obligations refating 10 non-discrimination provisions of City of Palo Alto
Contracts?
Explain provision, will be included in ~ltant agreenents.
Kave all recruitment sources bee" ad'yised that an qualified appncants
win receive consideration for employment without regard to sex, race~
co!or~ arw:estry. reugion. national origin. or disability?
Identify (names and addresses) the employment agencies, personner
recruitment organizations. newspaper advertising or other non-union
sources from which the company recruhs its personnel.
See attached list
Halle you a coi!ective bargaining agreement with a Jabor union or other
organization?
It yes, specify the Union!s) 01 organization!sl
!¥rating Engineers lDca1""""'3"'. _________ _
·3·
2. ves@
3 . .!QCl. %
46Y NO
Have you advised the rabor union and/or worker organllation of thE
company's responsibility under the non-discrimination provistons of City
contracts.
Approximately what percentage of your employees covereCi by union
agreemenlS are referred by or hired through the unions?
Explain procedure for hir~ng barance. Slmreyov are di sparcbM
~"[ing Engineers Local 13,
Does the companyls collective bargaining agreement or other cont!act
iJr understandmg with a labor union fur unions) or other worker's
organization ;rlC~ude iI provision for non-discrimination in empJovmenl?
S. Yes <GJ Is there any labor unfon or worker', organitatio:"l poticy which ,tu'!vents
you from fulfilling your obligatKlns under the non-discrimination
provisions of City contracts? Jf SO~ specitv ____________ .
6. Yes No Specify the tradelsl or crafttsl invorved' in this contract.
Civil !lngb>eers , Plamers and 5urve'000rs
7. Use this space for comment on any answers you have supplied.
•
. ,",c<
, !",,::;"
o
DATE: 9-22-93
RACIAL MAKEUP OF REPORTING UNIT
Name of Firm __ .:;HI1f=,-, ...;Inc=:.:. ________ Submitted by ___ _
Project Name Embarcadero Roa~ Bicycle P_~destrian Br~e and Bikeway Extension
COI1trect , ________ _ (Indicate only for monthly repOf1, No.3)
Three types of breakdown are required. This form is used for all three. (Check)
00·'· Permanent makeup of company. I J ~2· Estimated makeup for trus project_
C ) -3· Monthly report for ~ 9_" Submit once pel month for duration of project.
1 = Permanent. 2 = Estimate for project. 3 = Monthlv only.
Be sure 10 inc rude I!! employees in first column. not just minorities. Nos. 1 and 2 below are ,eQuired to be
filled in and submitted with Compliance Report.
JOB CATEGORrES
TOlal en Asian AmerH:ln Spanish
F m8r. Black Am fi .n lnrli",n
1 2 3 1 ? , , 2 3 1 2 3 1 2 3 , . ~
Manaaomen, 3 2
Prnr_ ... ,Is 19 1 I 2
!;IUriCII:Qffit.e 4 4 " 1 1
&rg S",,~rvLI;.~r
Skjllca -tiU
s. 'l'ecbnic iBns 5 2 1
b. 9:lrveyor. " 4
c. Field • 2 1
d. Maintenance.. 1 -
~ned-list ..
b.
c,
d. -
TOTAL OF ABDV' -----
This report mUlt bt compieted bV contractor and each subcontractor,
The term ·S,par'li.sh Surnamed" includes all persons of MeJlican. Puerto Rican, Cuban, latin American Of
Spanish Ofigin.
RepOft only emplo)'.es enroUed in formar on-the-job training ptograms,
-5·
.
I
o
HMH, INCORPORATED'S lEO POLICY STATEMENT
J:Jly 1, 1993
HMH, Incorporated is an equal amplcyment opportunity e~ployer and
illS cOJDlDitte/1 to an active Hondiscrimination Proqram. It is the
stated policy of ~, Incorporated that all employees and
applicants ahall receive equal consideration and treatment. All
recruitment, hiring, placements, trans~er&, and promotions will be
on the basis of qualifications of the individual for the positions
being filled regardless of race, color, religion, ancestry,
national origin, age (over 40 year.), sex, aarltal status, medical
condition. (cancer related), or physical handicap. All other
personnel actions such as comp~nsation, benefits, layoffs, returns
from layoffa, termination, training, and aoci&l and recreational
programs are a1ao administered regardless of race, color, religion,
ancestry, national oriqin, age Cover 40 years), sex, :marital
status, or physical handicap~ The objective of 1OOf, IncoI'?Orated's
Nondiscri.ination Proqra. is to aake all decisions on employment
and. pro.otiona lIolely on the individual's qualifications (llerit)
and bona tide occupational qualifications for the job in question,
and. the feaaibility of any necessary job accommodation5~
Cheryl Hiller, HMH, Zncorporated Administrative Manager, has been
designated Equal bploy.ent Opportunity Coordinator. Inquiries
concernin;r BKH, Incorporated policies and/or the application of
rederal and state laws shoul~ be referred to her~ The coordinator
is responsible for .~inisterlnq the proqraa and initiatinq
correctiVe action vben appropriate~
To achieve the goals of .our Nondiscrimination Program, it is
necessary that each Jl!eEber of tbis ca.pany understand the
importance of the Program and to contribute to its fulfillDent~
Manager's and supervisor l 5 effDrts toward5 the success of this
program viII be considered in their performance evaluation as is
their performance on other company 9Dals~
HHH, Incorporated vill update and reaffirm this EEO Policy
Statement annually.
James T. Harper, President
HMH, Incorporated
-As defined 1n section 12926(F), Government Cod~.
/'
o
AFFIRMATIVE ACTION PROGRAM
FOR
lOOf, INCORPORATED
July 1, 1993
BHH, Incorporated is an equal opportunity employer and i& cOlUlitted
to an active Nondiscrimination Proqru. In adcUtion to the adopted
EEO policy statement, RMK, IncQrporatec1 is committed to aakinq
positive ste.ps to meet obligationsI' both :moral and under the 1ali to
izprove the employment, development, and promotional opportunities
for .incrit:y employees and. for woaen.
The :follOlll'ing constitut.es the adopted Affirmative Action Proqru of
the company, but all officer. and statt are directed to develop,
~l .. ent and support such affirmative action plan or plans as are
necessary tor the full realization of the policy and to achieve
full ~ompliance with all federal and state equal op~rtur:ity
legi&lat1on, executive orders and guidelines •
.1.. The. adopted EEO Policy ia to be posted in all areas of qeneral
assembly, disseminated to all e.ployees and furnished as a
part of the .pplicatio~ package to all applicants for
employment.
The no Pollcy names an adllinistrative manager of the cCllpany
.s the EEO Coordinator and the policy is included in the
company' IS Personnel Policy .!1'anual. The EEO Coordinator iEi
responsible fDr aakinq each .inori ty and female employee aware
of the policy and to regularly discuss the policy at .urr
..... tinge.
2. The EEO coordinator is responsible for disseminating the
company's EEO Policy, includinq dissemination to recruiting
80urces and to ainority and female news lIIedia. The EEO
Coordinator will .alnta1n a file of copies of letters issued,
advertisements containinq the EEO -ta.gline W and ot..""'er :aethods
used to intorm minorities and women of the policy.
3. The £EO Coordinator vill notify the attached listing of
.inority aqencies dealing with the employment af minorities
and women, ainority and women orqanizations, and others that
come to hisfher attention of the company 1 5 pol icy ¥hen
employment opportunities are available and the procedures to
be followed in seeking employment. Records vill be m~inta:ined
of notifications and responses fro. the orqBnizations.
4. The EEO Coordinator will maintain a file of names~ addresses
and telephone numbers of each minority and female referred to
the company by each organization, the da.te of reference and
yhat action was taken4
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54 The EEO coordinator vill direct specific and written
recruitJnent efforts to ainority and vomen's. organizations"
.inority eLnd f"emlll", recruitlll-ent organizations, a.nd appropriAte
schools and traini"9 orqani.z.ations wi thin the general
recruitment area. The Coordinator will record the contacts,
dates and results of such etforts.
6 ~ Where reasonable and practicable the eompany will develop 01'1-
the-job training opportunities and participate in Department
of Labor funded traininq programs relevant to it. neeas.
7. The EEO Coordinator will monitor all personnel activities to
ensure that the company's EEO Policy is beinq carried out.
Such personnel activities ahould include tile evaluation of
.inority and female e.mployees tor promotional opportunities
and 'L'le encouragement of such employees to seek tl10se
opportuni ties.
8. The company shall have evidence available for inspection that
any test. or other special •• lection te.chnique2 IJsed to selact
trOll amonq candidates tor hire or prcllotion are being used in
II. aaMer that does not violate the OFCCP Tasting Guidelines in
41 eFR '0-3. The company'. Recruitment and bployment
Procedure is attached.
9. If layoff's beco»e necessary, the company viII layoff eaployees
by procedures that are consistent with equal opportunity and
affiraativ.e action policies. The company's Reduction of
Forces Procedure is attachGd.
10. The company'. policy is that all facilities and activities are
not aegregated tor any reason and are open to all employees
eq\lally. All benefits are. offered to employees regardless of
race, color, rellqion, ancestry" national origin, age, sex"
-arital status, or physical bandicap.
11. The company's policy is that whenever utilizing
Subcontractors, special effort is to be made to utilize
.1nority and yemen subcontractors. The EEO Coordinator vill
keep 4 listing of ~vailable minority and women subcontractors
in the area and will ke~p a record of their utilization.
MlJORITY &GENCIBB
Mailing List for Job Opportunity Nctiees
1. &MiA
Afro-American Community Service Agency
304 N. 6th Street
San Jose, CA 95112
Aaron Smith, President
(408) 297-7287
I. s:u
C@nter ~or £mploymant Training
701 Vine street
San Jose, CA 9511~
Russ Tershy, Director
(408) 287-7924
3, ~
Center for Traininq • careers
1600 LaB Plumas
San Jose, CA 95133
(40B) 251-3165
4 • 'L OBBIIDDOR
P.O. Box 1990
San Jose, CA 95109
(408) 295-4272
5. rlLXPZKo-MERI::'U CQXIO or COJOmRCJ
969 Hender&on Avenue
Sunnyvale~ CA 94086
Alex Melendez, President
(408) 262-9424
•• BISPAl!IC CI!1!Ml3l!R OJ' COXII!!RC'II
380 North First street, Suite 201
San Jose, CA 95112
Ricardo Garcia, Executive Director
C 408) 298 -8472
7. ;tip!'" CQ'TER or 8M ,1081, nrc.
935 Th.e Alameda
San Jose, CA 95126
(408) 259-9722
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,'"" -Mexican-American community Services Agency
332 North Secon~ Street
San Jose, CA. 95'.12
Esther Medina
(408) H5-8506
•• XlJ:%CII'-MlStI CNf ClWfB!" or coJOllJiteJ
416 North Firat street
10.
San Jose, CA 95112
Ricardo Garcia, Director
(4081 2B8-7727
San Jo •• , CA 95128
Fred Caddo
(408) 295-4995
11. lOCI," or GNU "GIDEU
Santa Clara Valley section
P.O. Box 61333
Sunnyvale, CA 94088-1333
Rebecoa c. Wright, Prc.cilSe.nt
(408) 733-3697
12. mma· nrc-OWSLIn'JIR
413 Jose~a Street
San Jose, CA 15126
Paul Guerrero, Executive Director
(40B) 995-0500
13. INn,. cun YAWl ttpBUI LDGl1I. ne.
753 Noeth Ninth Street, Suite 131
San Jose, CA 95112
Kathy cotton
(408) 971-0117
It. Vi I'l'1O.JCE'SI CQMIfJ' gr COIJXBRel or 'Nft'A CLJ.M DLLlJ
888 East Santa Clara Straet
San Jose, CA 9S116
Doanh Ch&u, Executive Director
(408) 947-1123
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