HomeMy WebLinkAbout0590.093'November 18 r 1:'9'3
THE HONORABLE CITY COUNCIL
Palo Alto, California
l"Qs Trancos
Improveme.nts
Road and Page .Mill Road/Foothill Intersection
CIP 1119'11 and 19D73, Consultant Agreement.
Members of the Council:
Report in Brief
This report recomrtlends that Council approve the attached agreement
(Attachment BJ with Nolte and Associates, In<: .• in the amount of
$276,900 for consulting services to improve Los Trancos Road and
the Page Mill Road/Foothill Expressway Intersec~ion. Funding is
available in CIP 18670. Street Maintenance for Lo!'.> Trances Road and
in CIP 19073, Major Intersections for the Page Mill Road/Foothill
Expressway in~ersaction.
Background
Council approved funding in the f'Y 199,2-93 Capital Improvement
Program b·.Jdget. for safety improvem-e.nts to the portion of Los
Trancos Road within the City, includi~g possible street widening,
pavement resurfacing. signs and striping. Council also approved
funding in F"i 1993/94 for Page Mill Road/Foothill Expressway
intersection improvements. including additional turning and bicycle
lanes, and signal rephasing to reduce traffic congestion and
improve air q'.J.ality. On July 8, lS93~ the Policy and Ser..rices
Committee approved staff' 5 recommendation to negotiate an agreement
with Nolte and Associates to design improvements to Los Trancos
Road and the Page Mil.! Road/Foothill Expressway intersection
(Attachment AJ.
Discussion
The attached agreement provides design services for improving Los
'!.cancos Road and the Page Mill Road/Footr.ill Expressway as follows:
Loe Trancos Road; Altnou9h the agreement includes
conceptual design, preliminary de~ign and contract
documents, sta.ff recommends awarding only the first phase
of work. During tne cor~ceptual design, the consultant
will prepare road alignmenc diagrams, determine right of
~ay requirements~ evaluate soil conditions, assess
environmental impacts and develop construction costa.
This information will determine whether road improvements
are economically and environmental feasible before
proceeding further with th.e project. If the project
CMR:5~O:93 -1-
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proves fea$ible~ staff will return to COUTlcil .... ith an
agreement amendment for the preliminary design and
contract document s.
Page Mill :Road/Focthill Expressway !ntersection. The
consultant will provide the following services:
• Refine the City's existing conceptual design based
upon discussions with Sa~ta Clara County perso~~el.
• Assist staff in presenting the conceptual olans to
local neighborhood groups and the City's Planning
Commission.
• Prepare an environmental assessment.
• Prepare final plans and specific2tions for bidding.
Staff has not in~luded construction stage services for the Page
Mill Read Focthill Expressway intersf'ction because the scope of
these services ~ill not be established until the d~sign phase has
been completed. The construction stage services will be negotiated
at the conclusion of the design phase. and staff will return to
Council with an agreement amendment: at the time of construction
award.
Funding is available from the Street Maintenance C!P 18670. for Los
Trancos Road and the Major IntersectiollS CIP 19073, f·~r the Page
Mill Road/Foothill Expressway intersection
Envircpg.eptal Assessment
The consultant will perform an environmental review of the Los
Trancos Road project under. the California Environmental Quality Act
(CECA). including an examination of land use, traffic, geology.
soils. vegetation. wild life. drainage and cultural resources
issues.
A negative declaration was adopted by Council for the Land Use and
Transportation Study. which included the Page Mill Road!Focthill
Expressway Intersection Improvements. As part of the consulta~t
services. under the agreement, a project -specific environmental
assessment under ~-OA will be pr~pared to address issues such as
noise and air quality for the intersection improvements.
Conflict of Interest Code Exemption
Staff l with the concurrence of the City Attorney. has determined
that Nolte and Associates, Inc. i£ not exempt from the requirement
to execute form '30 and otherwise comply with the financial
interest disclosure previsions of the City's Conflict of Interest
Code. They are not exempt because the consultant's range of duties
to be provided in the agreement are not limited in scope nor
primarily ministerial in nature.
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• R~ccmmendatiQns
Staff recommends that Council:
1. Approve and authorize the Mayor to exer:::ute the attached
consultant agreement with Nelte and Associates, Inc:. in the
amount of $276,900 fer desisn services for the Los Tranco9
Road and Page Mill Road/Foothill Intersection Froject, CIPs
18670 and 19073.
2. Authorize the City Manager or her designee to negotiate and
execute amendments for services related to or incidental to
the scope of 'Work or services, the total value of which
amendments shall not exceed $25,000.
Respectfully submitted,
~M~82
J HN CARLSON
ior Engineer
/~GDO~
Assistant Director o! Public Works
Attachment.s: A -Policy & Services Committee Minutes
B -Agreement
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I ~ , EXCERPT FROM THE
POLICY ANDSERVlCES
COMMITTEE MINUTES
DATED JULY 7, 1993
3 ~ Consultant selection Approval for Agreement tor Improvina Lgs
TrAncos Rgad ond page Mill Road Fogthill ExpresswAY
Council Member
automatically
committee.
HUber a.ked ","hether consultant selection approvals
appeared before the policy and Services (P&S)
Assistant to the City Manager Vieei Rudin said no. The Los Trancos
Road and Paqe Kill Road Foothill Expressway Improvements co~tract
(.Improvelaenta) was before the COlDli:littee because it expressed ar.
interest in reviewing it ~s one of the consultant projects to be
revieWed by the P.S committee at the start of the last fiscal year.
Council Member Huber asked for the dollar figure for the
Improvements and whether it related to how a selection was made.
Public Works Senior Engineer John Car"lson asked whether council
Meaber :tuber's question reterr-ed to the construction amount or
consultant cost.
council Member HUber said consultant cost.
Hr. carlson said the cost for both projects was approximately
$300,000.
council Member Huber asked for the oriqinal estimate amount.
Ms. Rudin said the P'S committee only requested the opportunity to
review the Los 'l'rancos Road projecti however. the two projects were
combined for the consultant's role.
Mr. Carlson said the two prejects were approximately $125~OOO to
$150,000 each.
Chairperson Simitian refarred to the &itaff recommendation
(CMR:377:9J) and asked if the P'S committee was ready for a motion •
• OTI:O"': Council Mellber Huber moved, seconded by Fazzino, that
Policy and servicEl:s Committee approve the staff reccItmendation
(CMP.:377:9.J) fer direction to staff to 1) COIlUllence neqotiations.
vtth the firm of Nolte , Associates for consulting services
relating to the Los Trancos Road and Page Mlll Road/Foothill
Expressway Intersection Improvements; 2) cOmlrlence negotiations with
the firm of wilsey & Ham, if staff failed to reach an agreement
with Nolte' Associates; or 3) commence neqotiations with the firm
of HMH. Inc~, if staff failed to reach an agreEment with Nolte.
07/07/93 P&S: 2
AS.ociatea or Wilsey • Ham~ and 4} u9Qn successful completion ot
neqotiations, return to coun~il tor approval.
~%~ 7ka8ZD 3-0, Kniss .bs~nt.
07/07/93 P,S. 3
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ArtAClDlDT I
AGREEKENT
for
PROFESSIONAL ENGrNEERING CONSULTANT SERVICES
BETWEEN THE CITY OP PALO ALTO AND
NOLTE AND ASSOCIATES, INC.
This Agreement is rnaa~ and entered into t.his _____ day
of • 1993. by and betweer: the CITY OF PALO ALTO,
a mtlf1.icipal corporation of California {"CITyn) and NOLTE AND
ASSOCIATES, INC. (Taxpayer Identification No. 94-2706173), a
California corporation; 'With offices at 60 Sc·uth Y..arket Str-eet,
Suite 300. San Jose. CA 95113 (~CONStwTANT·;.
W 1: T N E S S B T H:
WHEREAS, CITY desires certain professional consultant.
services hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications and experiEDce for
performing such services and CONSULTANT has offered to provide the
required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their IOl.ltual
covenants I the parties hereto agreE as follows:
SECTION 1 -DEFrNITIONS
1.1 ~
The term "CITY-means the City of palo ~tOI Califurnia.
1.2 CI~f MANAGER
The term ~City Manager~ means the duly appointed City
Manager of the City of Palo Alto. California. or his or her
designated representative.
The cerro nCity Clerk" n~eans the duly appointed City C"lerk
of the City of Palo Alto, California, or his or her designated
representative.
1.4 corrrRAMQR
The term -Road Improvements Contractorl! or ·RI
Contractor" means the general contractor hin,cl to construct the
improvements in connection with the Los TrancQs Road Improvements
Project. The term -Intersection Improvements Contractor -or -II
Contractor" mea.ns the general contracto: hired to construct the
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i:nprovements in connection wi-ch the Page r"iill Eoad at Foothill
Expressway Intersection Improvements Project,
2..5 RISK MANAGER
The term "Risk Manager ll sl"'.all r.:ean the duly appoin~ed
Risk Manager of the City of tlal:= Alto. California~ or his or her
designated representative,
1.6 PROJECT
The tenn ItLos Trancos Road Improvements Project' ar ~RI
Project-shall mean the services and imp~ovements, if any,
described in Exhibit "A" entitled "Scope of Projects and Time
Schedules, ~ attached hereto and made a part hereof by this
reference. The term ·Page Mill Road at Foothill Expressway
Intersection Improvements Project" or "II Project" shall mean the
services and L~rov~~ents, if any. described in Exhibit "A". The
tent! ·Projects" sball refer to thE RI Project and t.he II Project.
SECTION 2 PROJECT CQQRDINATION
2.1 l:l.Il::
The City ~~ger ~ill be the representative of CITY for
all purposes under this Agreement. JOHN A~ CARLSON hereby is
designated as the Project Manager for the City Manager and he or
she Bt~ll supervise the progress and ~xecution of this Agreemen~1
and shall be assisted by KRYSTYNA L. STADNIK, the Project Engineer.
2 .2 C9NSllIJANT
CONSULTANT shall assign a Project Director to have
overall respoDsibility for the progress a.Old execution of thJs
Agreement for CONSULTk~. PAUL J. KRUPKA hereby is designated as
the Project Director for CONSULTANT. BRYCE E. CARROLL shall be
assigned as the Project. Coordinator for CONSULTANT and shall
represent CONSULTANT during the day-tC·day 'Work on the Project.
Should circumstances or conditions suhsequent to t~e execution of
this Agreement require a substitute Project Director or project
Coordinator for any reason, the Project Director or Project
Coordinator designee shall be subject to the prior written approval
of the Project Manager~
SECTION 3 -SCOPE OF PRQJECT~
The scope of the PI'ojects to be executed by CONSULTANT
under the phases of the Basic Services described in Section 4: of
this Agreement, and the time sched"..!les for the Projects. are
described in Exhibit -A-,
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CONSULTANT shall perfo:-m various design and
construction management services for Crr{ in connection with
Project and the II Project as more f'.;.lly de.scribed herein..
Other
the RI
4.1 BASIC SE:RYLCES LOS TP.A.~\.~OS ROAD IMPROVEMENTS
Phases of WorK. The Basic Services for the R! Project
shall be furnished in the phase~ ot work as described belo~ and ~5
more particularly described in Exhibit ~AB.
4.1.1.
{a) CONSULTANT shall prepare-a conceptual design 5tudy
for the R! Project consistins of drawings and ot}-1.er documents
illustratiDg the scale and relationship cf project components anc
submit. five (5) copies thereof for approval by the Project
Engineer.
{b) CONS~~TANT shall submit to the Project Manager for
review and apprO'V'al with the Concepr:ual Design Phase study an
estimate in duplicate of probable construction cost based on
current area, volume and other unit costs.
ee) CONSULTAA"T shall attend two (2) meetings during this
Phase.
(d) Upon lrfI'itten approval by CITY for the Conceptual
Design pr~se. CONSULTANT shall proceed to the preli~~oary Design
Phase.
4.1.2 ~ina+y Design Phase
The Prel~nary DeSign Phase sball consist of the
following ph::lses of work and shall include. but not be li!nited to,
the usual professional ser .... ices of ci'\ril and traffic engineering,
emrironmental planning, and landscape archit!';!cture. as applicable.
CO!1SU" ..... r:A.1QT· s specific respoc.sibilities are described belo~·.
{a) CONSULTANT shall consult with CITY to ascertain the
requirements of the RI p~oject and shall confirm such req~irements
to the Project Engineer.
(b) CONSULTANT shall prepare a maximum of three (3)
preliminary design plans consisting of dra .... ings a:J.d othe:!" docwt:ents
illustrating the scale and relationship of RI Project components
and submit five (5) copies thereof for appI-oval by the Project
Manager.
(C) CONSULTANT shall prepare f':nviron.'Ttental assessments,
in ac~oI:-d.ance with CITY gUidelines, applicable to the RI Project.
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(d) CONSULTANT shall sl.lbmit to t'he Proj ect Manager tor
his revie\i," and ,:pp.toval with the Prel i:",: nary Design Phase plar..s, a
sta.tement of p ')bable construction c , in duplicat€, hasoed on
current area, vclume a~d oth€r unit CL~~S.
te) :ONSULTM"T shall 'Work ..... ith C::-TY's staff to secure
approvals of _:le Preliminary Design Phase by the City Council
ana/or other appropriate boards, committees. and cO!!IITLissivns. If
required by CITY, CONSu~TANT shall make persc~al presentations of
the Preliminary Desig'n Phase to the City Coun: _1. any City Council
ccmmitt.ee to which the RI Project is referred. CITY' 5 Plan.'1inq
Co!ml1ission, any community advisory groups. and/or CITY's
Archllectural Review Board+ C0NSULT~~ shall a~tend a maxim~ of
three (3) meetings during this Phase.
if) CONSULTANT shall subu~t to the Project Manager. two
(2) copies of any and all cal.:::ulations, ske:.ches k dia.gra.r.'lS,
cO!r:pllter print-outs rand oth€:r documentS prepare::: juring this phase
of Basic Services.
{g) At CITY's el~ctioll and at any time, CITY I!I.ay
terminate the RI project, proceed forward with the RI Project under
the original scope of work, or proceed forward with the RI Projecc.
as modified. In the event that. CITY terminates the RI Project,
CONSULTkNT will be re~ur6ed for ~ll reasonable expenses relating
to the Preliminary Design Phase for the RI Project which are
:r-easonably incurred before the date on which CITY gives notice of
termination to CONSULTJ!..:::r.
(h) Upon the written approval by CITY of the Preliminary
Design Phase, CONSULTANT shall proceed to the Construction
Documents Phase.
4.1. :;
(a) CONStJ'"LTAN'I' shall prepare frcm the approved
Preliminary Design Phase documeots, fer. approval by the Project
Manager k d=a""ings, specifications. ana ot.her contract forms.
setting forth. in detail. the requirements for the construction of
the R! Proj ect k includ,ing the necessary environmental impact
review. technical specifications, special conditio~s using special
provisions and contract forms furnished by CITY.
(b) Prior to the advertising for invitation for bids k
CONSULTANT shall submit k in duplicate, to the Pro;ect Manaqer for
his revie~w and approval a final detailed statenlent of probable
construction cost.
(c) CONSUL·TAN! shall attend meetings with CITY's staff
at critical or~ses of the work and shall assiAt CITY in obtaining
approval o~ regu:at.ory agencies when required by such agencies. In
assisting CITY, CONSULTAN'I' shall be limir:ed to preparing anc
providing exhibits as required by the meeting and presenting th~
ex.. ..... aibits and relat.ed materials aL:. the m-e-eting.
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(d~ CONStTLTJ-.NT shall fur-nish plans at the SO percent, 95
percent, and 100 pe~cent stages of completion. Sub~ittals shall
include RI Project drawings, specifications. estimates, and reports
as more specificelly set forth in Exhibit "A."
(e) Upon completion of the RI Project drawings,
specifications. and other oGcumencs. CONSULTAIlT sl".all submit the
originals to the Project Manager for signature. CONSULTANT shall
!""eproduce one hundred fifty (~SO} copies of the RI Proj ect drawings
and specifications. and the sarr~ shall be consider~d a reimbursable
expense. CONSULTANT shall also provide the draw.!.ngs in AU'!'OCAD (R)
format on 3-1/2 inch or 5-1j4 inch DOS (version S.C or later
version) formatted diskettes.
(f) All RI project drawings, specifications, and other
inst.nunents of professional service furnished by CONSULTA.,,\IT at
CITY's request on electronic ID:=dia, disk, tape, or cartridge a%'e
record doclJIllents to be used for the sole purpose of Maintenance of
~he original facility for whicr. they were prepared, ~nd in no case
shall they he used fer future construction, includi!lg but not
limited to, renovations or additions to the ori9~nal facility.
(g) CONSULTANT shall archive a copy of the electronic
media trar~ferred to CITY~ the contents of which shall be deemed to
contain the entire content of electronic media furnished by
CONSULTANT to CITY _ Hard paper copies of the inforn.ation contained
00 the electronic media sr~ll be rrade available by CONSULTANT at
the Project Manager's request _ Use: of che electronic media at
CITY's election shall be at the sole risk of CITY and without
liability or legal exposure to CCNSt~TANT.
(h) CONSULT~VT shall submit to the Project Manager~ in
duplicate, any revisions to the calculations, sketches, diagrams,
computer printouts, and other doc~~ents that were initially
submitted or required to be submitted by CONSULTANT during t!':.e
Preliminary Design Phase~
(i) CONSULT~7 shall assist CITY's staff at and after
the RI Proj ect pre-bid conferencE. if required, in obtaining and
analyzing bids and awarding the contract _ CONSULTANT shall be
available to answer inq •. .liries regarding the RI Project drawings and
specifications by contractors and CITY duri!1g tbe pre-award bidding
period~
(j) Upon awald by tl".e Cit.y Council of the RI Project
construction contract. CCNSv~T.ANT shall proceed to c.he ConstructioD
Phase.
4.1.4 Cpnst.ructlon Fhase --P-.drninistration of
cons~ructipn contract
(a) The Construction Phase will commence with the award
of the RI Project construction contract and will ter.minate when
final payment is m.:l.de by CITY to the RI Contractor or upon the
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filing and recordation of th~ no~ice of completion. whichever
occurs later.
(b) CITY shall provide for the administra'Cion of the RI
project construccion contrae,.
(c) CONSULTk~ shall attend ere-construction and weekly
cOllstruction meetings and ans .... er questions regarding the RI Project
drawings and specifications prepared by CONSULTANT_
(d) CONSULTANT shall at all times h,ive acces~ to the
work wher~ver it is in preparation or in prog:t'ess.
(e) CONSULTA."IT's presence or. t1:e job-site fro~ time to
time shall be required for the purpose of becoming g~nerally
familiar with the progress of complet.ed canst ruCtlon and
determining wheth€r, in general, the work is being performed in a
manner -which indicates that the .... ork.. when completed, will be
consistent with the objective intent of CONSULTANT's RI Proj ect
drawings and specifications~ CONSULT~~ shall not be responsible
for making exhaustive or continuous on-site inspections to check
the quality or quantity of construction~ nor shall CONSt~TANT be
responsible for the RI Contructor's failure to carry out the work
in accordance with the RI Project const~~ction contract. On the
basis of such on-si~e obse~v.ations in the capacity of a
professional engineer. CONSULTA."IT shall endeavor to keep CITY
informed as to the progress of the construction work.
tf) The responsibility for consLruc~ion means, methods,
techniques, sequenceB~ or procedures, or for safet-y precautions and
programs in connection with the const.ruction of the RI Proj ect
shall be placed upon the R:r Contractor under the RI Proj ect
construction contract. CONSULTANT shall not exercise cOTItrcl over
the RI Contractor, any SUbcontractors, officers, employees, or
agents of any of them, or any other persons performing portions of
the RI Proj ect constructioD. work.
(9) CONSULTANT's obligation to obse~e the RI Project
constructio::: work shall not create any duty on the part of
CONSt.'LTAro.'T to CITY ~ the RI Contractor, or its subcontract.=-rs,
officers~ employees, or agents of any of th~~. or any other ~hird
party with regard to teropora~f shoring or braci4g. scaffolding, or
partially completed construction. Any re~irement for submission
of RI Project drawings, specifications, or other doc~~ntation for
temporary shoring, bracing, or scaffolding as may he set fortb in
the RI Project construction contract shall be for the sole purpose
of verification by CITY that the RI Project dra~ings, specifica
tions, and documentation have been prepared by a licensed engineer.
{h) CONSULTANT shall review and take apprcpriate
professiooal action on laboratory, shop and mill tests, reports of
equiplr..ent performance, shop drawings, samples, and ot.her
submissions of the contractor far confor.:nance 'With the design
concept of the RI Project and for compliance with the construction
contract documents.
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(i) CONStTLTANT shall not be required to :review and shall
not be rp.sponsible for any deviations from thE' Rl Project
ccnscrcction cont.ract not cle-arly noted by the ::I:I Contractor, nor
shall CONSULTllNT be required to review partial submissions or those
for w~icr.. submissions for related items have not ~een received.
Review of a specific item shall not indil:ate ar:ceptanc2 of eny
assembly of which the item is a compor.ent. When the professional
certification of perfo!lf".ance characteristics, or of mat.==rials,
systems. or equipment is required by the RI project cc·nstrur:tion
contract. CONSULTANT shall be entitled to rely upon. 5ljch
certification as verification that the materia.l.s, systems., or
equipment w~ll meet the performance crit~ria ~et forth in the RI
Project con.struction contract.
(j )
required in
construction
work: .
CONSULTANT shall
order to clarify
contract dOC1.l.11.ents
prepare supplementary
or supplement the RI
during the construction
sket.ches
PrGje~t
Pnass of
{k} CONStJLTANT shall review all requests for information
and change orders for ccmpl~teness and validity. CONSULTANT shall
recommend approprjate action fcr each r~quest.
il) CONSULTANT shall conduct site visits, accotnpanied by
a representative of CITY tc assist in the preparation of a punch
list and determine the date of final completion. Further,
CONSULTANT shall issue a written declaration that the RI Project is
in conformance with the objective intent of Consultant· s RI Project
drawings and sp~cifications.
{mJ CONSULTANT shall attend meetings at least once each
week throughout the Construction Phase with the RI Contrac~or and
represEIltatives of CITY and shall submit to all parties the. minutes
of the meetings attended by such pa=ties.
{c) OONSULTANT~ at its expense. shall provide the
Project Manager with one (1) copy of the RI P~oject drawings and
specifications and a complete set of four mil minimum thick..."1ess,
good quality transparent mylar drawings of record drawings after
final completion. CONSULTANT shall also provide the record
dl.·awings in AUTOCAD (R.) format on 3-1/2 inch or 5·1/4 inch DOS
(version 5.0 or later version) forwetted disk~ttes.
{OJ Upon substantial completion of construction,
CONSULTANT shall obtain from the RI Contractor a marked-up set of
RI Project drawings and specifications showing changes in the
location and character of the -".ork ma.de by the RI Contractor during
the construct.ion of the RI Project. CONSULTANT shall incorporate
this information into a set of record documents which shall be
delivered to CITY within a reasonable period after ::ubstantial
completion. Payment of five percent {st) of the total c~~pensation
payable to CONSULTANT for the Construction Phase Services shall be
withheld until receipt of the record doc~~ents by CITY.
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(pl CONS'JLTANT rroay not be in a pasitior.. to eval<,;.;3,te or
verify the accuracy or completeness ot any s .... ch l-ecord documents
furnished by the R7 Contr~ctor< CONSULTANT shall not be
responsible for ~~y inacc~racies, errors~ omissions, ambiguities,
or conflicts which may be i!ltroduced into the re::ord d.ocu.rnents as
a result of CONSULTANT' 5 reasonable and justi tiable relianc'2 or ..
such information, except where such io.fo!'mation p::-ovided by the RI
Contractor arose from reliance on CONSULTANT's deSign or ether work:
performed hereunder~
(q) CONSULT~ry shall not be responsible fo~ d~~ges or
injurie.s caused by the acts or omissions of the I! Contractor, or
any subcontractor, or any agent or employee of the II Contractor or
any subcontractor, or of any other persons perfo:rrr.ing any of the
work.
(r) CONSULT~~ shall not be responsible for the
discovery, presence, handling, removal .. ::;r disposal cf or expos'.lre
of per~ons to asbestos or hazardous or toxic substances in any form
at the RI Project site. Professional services related to or in aoy
way connected with the investigation~ detection, abatement~
replacement, use~ specification, or removal of products, materials,
or processes containing asbestos or hazardous or toxic m3terials
are beyond the scope of this Agreement4
(s) In the event that asbestos or hazardous or toxic
materials is discovered at the RI Project job-site, CONSl~T~VT may ..
at its option, suspend the perforrrance of services on 'the RI
project, provided CITY first approves in 'Wri ting of such suspension
of work, until such time as CITY may elect to or dete~~nes that it
is necessar.f to retain a specialist consul tant or contractor to
identify. classify~ abat~ and/or remove the asbestos and/or
hazardous or toxic materials.
(t) To the extent pennit;:ed by law, CONSULTANT shall not
be liable for damages ariSing out of the presence of asbestos or
hazardous or toxic substacces, products, materials or processes if
such cla~. would in any way involve the i~vestigation, detection,
abatern..:r.t j replacement, USer specification, 0= removal of prcducts~
mat.erials, or processes containing asbestos or hazardous or t.oxic
substances.
4.2 BASIC SERVICES· PAGE MTLL ROAD 'FOOTHILL EXPRESSwAY
lHTERSECIION IKPRQVZMEHTS
Stages of' Work_ The Basic Services for the II project
shall be furnished in the sta3e~ of work as described below and as
more particularly described in EX.~iblt "AI.
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'.2.1
The Preliminary Design Stage shall consist af the
following phases of 'WorK. and shall include, but [lot be limited to.
the usual professional services of civi 1 and traffic engineering,
en.vironmental planning. and landso::ape architectu::e, as applic3.ble.
CONSULTANT's specific responsibilities a.t"e described below.
(al CONSULTANT sJ1.all consult with CITY to ascert".ain the
r~quirements of the II Project and shall confirm such re~~irement6
to the Project Engineer.
(b) CONSULT~~ shall prepare one (1) Preliminary Design
Phase plan consisting of II Project drawings and other docUtr,ents
illustrating the scale and I'elationship of II Project corrqxments
and submit ten (10) copies thereof fer approval by the Ploject.
Manager.
(c) CONSULTAI'IT shall prepare env-iro.nr.lental asseSSlnents,
in accordance .... ith CITY guidelines, CEQA-. and NEPA, applicable to
the II Project.
(d) CONSULTANT shall sub~~t to the Prcject Manager for
revie,.-and approval with the Preliminary Design Phase plan, a
statement of probable constr~ction cost, in duplicate, based on
current area~ volume and other unit costs.
(e) CONSu~T~~ shall work with CITY~5 staff to secure
approvals of the Preliminary DEsign Phase plan by the City Council
and/or other appropriate boards, ccmnd.ttees, and cozr.mil5sions. If
required by C!'TY. CONSULTA.."'IT shall :nake personal presentations of
t.he Preliminary Design Phase plan to t.he City CounCil. any City
Council cotm'littee to which the II Project is referred, CITY'IS
Planning Commdssion, any community advisory groups, and/or CITY's
Architectural Review Board~ CONSULTANT shall attend a maximum of
three {3) meetings during t.his Phase.
(f) Upon the 'W!."itten approval by CITY a:1d the County of
Santa Clara ("TOUN'I'"':l"I:} for the PrelL"Tlinary Design Phase, CONSULTANT
shall proceed to the Construction Documents Phase+
(g) CONSv~TANT sr~ll submit to the Project Manaaer, two
(2) copies of any and all calculations, sketches, diagrams.
computer print-outs, and other documents prepared during this phase
of the Basic Services.
4.2.2 ConstructJoP DocUIt':ents Phase
{ai CONSULTANT shaLl. prepare from the approved
Preliminary Des::=ign Phase docU!!lents, for apprO"v"al by t.he proj ect
Manager, II project drawings, speCifications, and other contract
forms sett.ing forth, in detail, the requirements tor the
construc'C-ion of the II Project, includins the necessar'/
environmental docurr~nts, ~ecr_~ical specifications, special
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pro .... -isions and special condit-ions using con.:r,a.ct forms furnished by
CITY.
(bl Prior to the advertising for invitations for bids.
CONSULTANT shall submit in duplicate to U:e Proj ect foI..anager for
rEview and approval a final detailed statement of probable
construction cost.
Ie) CONSULTANT shall attend mee~ings with CITY's staff
at critical phases of the work and shall assist CITY in obtaining
approval of re~~latory agencies when required by such agencies. In
assisting CITY. CONSULTANT !Jhall be limited to preparing and
pro'.rid.ing exhibits as required by the :neeting and presenting the
exhibits and related materials at the meeti~g.
(d) CONSULTANT shall furnish plans at the 50 perCEnt, 95
percer:.t, and 1.00 per-:ent stages of c;ompleticm. Submittals shall
include II Project drawings, speCifications, Esti~ates, and reports
as more specifically set forth in Exhibit "A.-
{e) upon completion of the II Project drawings,
specifications, and other documents, CONSULTANT shall submit the
originals to the Proj ect Manager for signature. CONSULTANT shall
reproduce one hundred fifty (150) copies of the II Project draWings
and specifications, and the same shall be consid6red a reimbu~sable
expense. CONSULTANT shall alec provide the drawings in AUTOCAD (R}
format on 3-1/2 inch or 5·1/4 inch DOS (version 5.0 or-later
version} f.::>rmatted diskettes.
(f) ~l II P~oject drawings, specifications, and other
instruments of professional service furnished at CITY's request on
electronic media, disk, tape, or cartridge are record docux;-;ents to
be used for the sole purpose of maintenance of the original
facility for ...;hich they ",ere prepared~ and in no case shall they be
u~ed for future construction, including but not limited to
renovations or additions to the original facility.
(g) CONS'ULTANT shall archive a copy of the electronic
media transferred to CITY. the contents of which shall be deemed to
contain the entire content of electrcnic media furnished to CITY.
Hard paper copies of the infcnro.atic·n contained on the ele,=tronic
media shall be made available. and their use is recommended. Use
of the electronic :media at CITY's election shall be at the sole
risk of CITY and wi thout liability or legal e"'.-posure to CONSULTP.NT.
(h) CONSULTANT shall submit to the Project Manager, in
duplicate, any re ..... isions to ciSl.lculations. sketches. diagrams,
computer printou~s and other documents that were i~itially
submitted during the Preliminary Design Phase.
(i) CONSULTANT s~~ll assist CITY's staff at and after
the II Project pre-bid conference, if required, in obtaining and
analyzing bids and awarding the contract. CONSU'LTM"T sl-...all be
available to answer in~Jiries regarding the II Project drawings and
specifications by contractors and CITY during the bidding pe~iod.
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{j) Upon a ..... ard by the City Council of the II Prc'ieee
construction contract, CONSULTANT shall pL-oceed t.o t.he Construction
Stage.
4..2.3. Const.ruct'; on phase ~ ·P..dministrat iot',, ____ QJ the
construction contract
(a) The Construction Phase will commence with the aware
of the II project constl-ucticll contract and will termina.t,= when
final payment is made by CITY to the 11 Contracror or upon the
filing and recordation of the notice of completion, whichever
oc:::urs late!:".
(b1 CITY shall provide for the administration of the !T
Project construction contract.
(c) CONSULTANT shall attend pre~construction and weekly
::onstruction meeti~gs and answer questions regarding the II Prcj eet
dra~iogs and specifications prepared by CONSULT~~.
(dl CONSULTANT shall at all times have access to the
work wherever it is in preparation or in progress.
{aj CONSULTANTi s presence on the job-site from time to
time l'lhall be required for the purpose of becoming generally
familiar with the progress of completed conser-J.etion and
deter.w~ning whether i in general i the work is being performed in a
manner which indicaces that the work, when completed, will be
consistent with. the obj ective intent of CONSULTANT's II Project
drawings and specifications. CONSULTANT shall not be rEsponsible
for making exhaustiv~ or continuous on-site inspections to check
the ~~ality or quantity of constr~ction. nor shall CONSULTAb~ be
responsible for the II Contractoris failure to carry out the work
in accordance with the II project const~~ction contract_ On the
basis of such on-site observations in the capacity of a
professional engineer. CONSULTAN"r shall endeavor to i;:eep CITY
ioformed as to the p~ogress of the construction ~ork.
(f) The responsibiliqr for construction means, m~thods.
techniques, sequences, or procedures, or for safety precautions and
programs in connection with the cOllstruction of the II Project
shall be placed upon the II Cont"t"actor under the II Proj ect
construction contract. CONSULTANT shall not exercise control over
the II Contractor, any subcont~·actors. Officers i employees, or
agents of any of them, or any other persons performing po~tions of
the construction work.
(g) CCNSULTA.."IT's obligation to obsenre the II Project
construction shall not create any duty on the part of CONSULTA..!Ifl' to
CITY, the II Contra~tor, subcontrac~ors, officers i employees, or
agents of any of them, or 2~y other third party with reg~rd to the
temporary 5ho~ing or braCing. scaffolding, or partially comple~ed
constnlction_ Any requirement for the submission of II Proj ect
drawings i specifications, or other documentation for temporary
shoring. bracing. or scaffolding as may be set forth i~ the II
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Project construction contr'3.ct so:!"lall be tor the SQ:l~ p1.:rpose of
verifica~ion by CITY that the II Proj eet dra ..... ·ings, specifications.
and documentation have been prepa.t"ed by a licensed er!g-inesr-.
ih) CONSL~TAN1 shall revie~ and take approp~i3t~
professional action on laboratory, shop a~d mill tests, reports of
equipment performance, shop-drawings, samples, a:1d athe:::
submissions of the contractct for cot'tforwa~ce with tr"e de,sign
concept. of the project and for compliance with the cor.structio!"~
contract documents.
(il CONSUL'l'A.,'lT shall not be I"equired to reviey and sha,ll
not be responsible for any deviations from the II Project
construction contract not clearly noted by the 1 I Contractor, nor
shall CONSULTANT ,be required to review partial submissions or those
fer which submissions for relatle,j items have not been :r-eceived.
When the professional certifica.tion of perfcrmance chara::teristics,
or of materials I systems. or equipment is required by the IT
Project construction contract, CONSULTAltt shall be e ... titled to rely
upon such cert.ification as yerification that the roatf3rials,
systems, or equipment vill meet the performance criteria set fO!"t.h
in the II project construction contract.
(j )
required in
construction
work.
CONSULTAliT 8ha 11
order to clarify
contract documents
prepare supplementary
or supplement the II
during the Construction
sketches
Project
Phase of
(k) CONSULTANT shall review alJ reques'ts fer inf:onnat.ion
and change orders for completeness and validity. CONSOLTM"'T shall
recommend appropriate a~tion for each request.
(l} CONSULTANT shall observe the initial operation of
the II Project, and of perfo~ance tests required by the II Project
drawings and specifications.
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the start. -up,
acceptance of
If required by CITY, CONSUL'!ANT shall assist CITY in
testing and operation of the equipment prior to
the II Project by CITY.
{n} CONSULTANT, at it.s expeI"'...se~ shall previde the
Project Manager with one (l) copy Of the II project drawings and
specifications and a complete set of four mil mini~~ thickness,
good quality transparent myla= drawings of record drawings after
final completion. CONSULT~~ shall also provide the record
drawings in AUTOCAD {R~ format on 3-1/2 inch or 5-1./4 inch DOS
{version 5.0 or later version) fonmatted diskettes.
(o) Upen substant.ial completion of constro.1ct.ion,
CONSULTANT shall obtain from the II Contractor a mar~ed-uo set of
II Project drawin9s and specifica~ions showing significant· changes
in the location and character of the work made by the II Contractor
during the construction of the II Project. CONSULT.lUIT shall
incorpo~ate this information into a set of record doc~~encs which
shall be delivered to CITY within a reasonable period after
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substantial cocrpletion. l?ayme'r1.t o! an additional five percent i5%l
Gf the c01":'\pensation to CONSULTANT for Cans~ruction Pha.se Services
shall be 'Withheld until !:"ec~ipt: of th-e record documents by CITY.
(p) CONSUl,TAlIT tray not be in a position to evaluate or
voari!y t~.e accuracy ox: cotr..plete.nes!=i of any such record documEnts
furnish~d by the II Contractor. CONSULTANT snaIl not be
r~sP"o;'..sibloe for a.ny inaccuracies, errors, emissions, ambig-.:.ities,
or conflicts which may be introduced inco the record docu.'l'l.ents as
a result of CONSULTM'1"S relianc<e. on such information, except .."hel::e
such information provided by the II Contractor arose from reliance
en CONSULTAN~'s design or other work performed hereunder.
(ql CONSULTANT shall not oe r€sponsit-.le for damages or
injuries caused b} the acts or omissions of the II Contractor, or
any subcontractor. or any ag€nt O~ employee of the II Contractor or
any subcontractor, or of any Other persons performing any of the
work.
{~} CONS~~TANT shall net be r~spon5ible for the
discovery~ presence, handling, removal, or disposal of or exposure
of persons to asbestos or hazardous or toxic substances in any ferm
at the II project site. Professiooal sen"ices related to or in any
way connected 'With the investigation, detection, abatemen.t~
replacement, use l specifi.cation~ or removal of products r materials,
or processes containing: asbestos or ha.zardous or toxic materials
are beyond the scope of this Agre~~nt.
(s) In the event that asbestos or hazardous or toxic
materials is discovered at the II Proj€.ct job~site~ CONSULTA:oi"'I' tray.
at its option l suspend the performance of senrices on the II
Project, provided CITY first approves in writing of such suspension
of services, until such time as CITY may elect to or determines
that it is necessary to retain a specialist consultant or
contraceor to identify, classify, abate and/or remove the asbestos
and/or hazardous or toxic materials.
<t) To the ext.ent pertr.itt.ed by law. CONSULTM""T shall not
be liable for damages arising out of the presence of asbestos or
toxic sUbstances, products, ~aterials or processes if such claim
would in any way involve the invesc.igaticn, detection, abatement,
replacement use, specification, or removal or products, materials~
or processes containing asbestos or hazardOUS or t.oxic Eubscances.
4.3 ADDITIONAL SERVICES
CONSD~TANT shall perform or obtain any and all of the
following additional ser..'ic€:s if so a\.lthoriz.ed in 'N.r-iting by CITY.
and shall be paid as provided in Section 7 of this Agreemeut:
4.:;.2 Provide financial feas~bility or other special
studies.
4.2..2 Provide planning s'urveys~ site evaluations r or
comparative studies of prospective sites.
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4.).:! Make measured c.ra ...... ings of exi sting construr:t iO:J
wh~n required for planning additions or alterations thereto.
4.3.4 Revise previously approved drawings, speci! lea·
tions or other docu..-nents to accOlTlplish cr..anges not initiated by
CONSULTANT .
4.3" 5 Pro\,ide consul tat ion concerning replacement of
any work damaged by fire or other ca ..... se during construction, an.d
furnishing basic professional services of the typ~ set forth in
this Agreement as may be required in con.~e-ctio~ with the replace
ment of such work.
4.3.6 Provide professional sEz ...... rices made necessary by
the default of the contractor in the performance of the II Project
construction contract.
4.3.; Provide services, other than the completion of
the Record drawi.ogs and the related Froject close-out, after final
payment to the contractor.
4:.3. B Provide services
connect.iOD lIlith any public hearing t
proceeding of a court of record.
as an expert witness
arbitration proceeding,
in
or
4.3.9 Provide services for planning the lay-cut of
tenant or rental spaces.
4.3.1.0 Provide services directly applicable to the
preparation of environmeotal impact studies and reports.
4.3.11 Ma.ke detailed milL shop, and/or laboratory
inspection of materials and equipment.
4.3.12 Furnish property~ boundary, rights-of-way~
topographiC and utility surveys I and related offic'E! computations
and drafting and surveying in addition to similar services
furnished under the BasiC Services.
4.3.13 ~~rnish special photography, models, printed
reports and additional copies of RI Project and II Project
construction contract:s drawings and docurr.ents above the number
specified in Section 4 of this Agre~~ent.
4.3.14 Prepare applications and supporting documents
for governmental grants or advances for p"..zblic works projects, and
implementing such grants or advances.
4.3.15 Instruct plant employees in the operation and
maintenance of newly installed equipment.
4.3.16 Incur travel and subsistence expenses for
CONSULTANT and it.s staff beyond those normally required under Basic
Services of this Agreement.
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4.3.17 Prepare an operatiol'1s and maintenance manual.
4.3.16 Perform any other services tcat ~ay be aqreed
upon by the parties subsequent to th~ execution of this Agreement"
4 . .3 .19 1f requested in writing by CITY, CONSULTANT
shall provide one or more Projects representatives to assist the
parties in observing, mo~itoring. and reporting on the progress of
the RI Proj ~ct and II PI"oject construction contracts.
(a) Such Projects representatives shall be selected,
employed and directed by CONSULTAA'T or sub<:onsultants, and CITY
agrees to pay to L"'ONSULTAN'T and/or s\.l.bconsul tants. for t.he services
of the ProjEcts representatives, as defined in Se::tion 7 of this
AgreeIllent. For the purposes of this provision. the Projects
represent.atives· time spent traveling from CONSU".uTANT's and/or
subconsultant's office to and fro~ the RI Project and II Project
job-sites shall be calculat>ed as an additional service, as Ehall be
the time spent on the job-site and preparing the r~ports required
hereunder~
(b) Such Projects representatives shall visit the sites
of construction as required by the needs of the R! Project or the
II Proj ect .. or bottt, and a: least every other day over tne t.erm of
construction~ provided there actually is vork in progress. The
Projects representatives sp..all each file a written report with the
Proje:-:t Manager setting forti'. the nature. scope, character and
progress of the work performed at the two job-sites immediately
after each visit to the sites.
(c) CONSULTANT"S pre3ence on the two job-sites from time
to time shall be fOol: the purpo.:5ie of he coming ge'J.erally familiar
with the progress and quality of completed construction and
detezmining whether~ in general. the two Projeo.cts· work are being
performed in a manner which indicates that the tva Projects' wcrk~
when completed .. will be consistent with the objective intent of
CONSULTAN!' s drawings and Projects specificati·:ms. CONSULTA.\,l'
shall not be responsible for making exr4ustive or continuous on
site inspections to check the ~uality or ~Ja-~tity of constr~ction;
nor shall CONSULTANT be responsible for the RI Contractor'S or the
II Contract.or· s failure to carry out the 'Work: in accordance with
the RI Project constr'.JctioD contract or trle II Proj ect construction
contract. On the basiS of such on-site observatio!ls in the
capacity of a professional ensineer, CONSULTJL~~ shall endeavor to
keep CITY informed as to the prcgress and quality of the
const.ruction.
{dl The respo~sibility for construction means, methods,
techniques, sequences, or procedures~ or for safety precautions and
programs in co~~ectioD with the construction of the two Projects
shall be placed upon the RI Contractor or the II Contractor, as
appropriate, under the respEctive RI Project and II Project
construction contracts. CONSULTANT shall not exercise control over
the RI Co~tractor or the II Contractor, any subcontractors,
officers, employees, or agents of any of the.-n. or anr other persons
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performing portions of the RI Prcject or II Project construction
'Work.
(e) CONSULTANT'S obligation to obeerve . he two P-')jects'
construction shall not c:-eate any dutJj on the part 'f the
CONSUL rANT to CITY, the Rl Contract':)r or the II COJ:.~ractor,
subcontractors, ofticers~ err,ployees, or agents of ani' of them, or
any other third party with regard to temporary shari:r..g or bracing,
scaffolding, or partially completed const~~ction. ~'Y requirement
for submission of the Project.s' drawin9s~ specifications, or other
documentation for temporary shoring, bracing, or scaffolding as may
be set forth in the respective two projects construction contracts
shall be fOl tt;e sole pUI:pose of verification by CIT~ that the
Projects' drawings, specificatior::s. and documentation hzve been
prepared by a licensed engineer.
4.4 GENERA!. DUTIES OF CONSULTJ.,A"'T
4 .4.~ CONSULTANT represents that it has the exoertis€
a~d professional qualifications to furnish the services aescribed
under-this Agreement. CONSULT~.NT further declares that one or more
members or employees of itS firm and that of its subconsultants, if
any, are licensed by the State of California to p~rform their
services, if required, and that these services will be performed by
them or under their sUDervision. CONSULTANT shall furnish to CITY
for approval, "rior t: execution of this Agreement, a list of all
firms or corp~~ations to be employed as subconsultaots.
4.4.:2 CONSULTANT states that it is aware of the
requirements of the federal Americans with Disabilities Act of
1990. and the Government Cede and the Health and Safl!:!ty Code of the
State of California. relating to access to public buildings and
accommodations for disabled persons, and relating to facilities for
disabled persons. COnSULTANT shall comply IW'itt'i or ensure by its
advice that compliance with such provisions will be effected
pursuant to the terms of this Agreement.
4.4.3 CITY reserves the right to retain the-services
of a constr'J.ction cost consultant to prepare estimates of cost
independent of those prepared by CONSULTANT during each phase of
design. CONSULTANT shall meet with the construction cost consul·
tant and CITY representatives to resolve major differences in their
respective estimates.
4.4.4 CONSULTANT shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the services of
CONSlJ""LTAN'I' art: being performed in accorda.!'lc "With the requirements
and intentions of this Agreement.
SECTION 5 • mITlES OF CITY
S.l CITY shall provide full inf~rmation regarding its
requirements for the Project.
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5.2 C!TY shall examine documents s'.J.brnitt.ed by CONSULTANT
and shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of CON,SULTA."'f!', E .... ork.
s. J CITY shall furnish su-::b legal. accounting,
insurance, and property research counseling services as ma.y be
necessary for the Project r and such auditing se~ices as may be
required to ascertain ho_ or for 'What purposes the contractor has
used the moneys paid to it under the II Project construction
contract.
5.4 The services, informa~ion, surveys and reports
req-.Jired bv paragraphs 5.l and 5.3 shall be furnished at CITY'S
expen:se~ and CONSULTANT shall be entitled to rely upon the
completeness end accuracy thereof4
5.5 If CITY obse~~e5 or otherwis€ becomes aware of any
fault or defect in the Project o~ nonconforrrance with the contract
documents, CITY to the extent it is feasible to do so ~hall give
prompt written notice thereof to CONSULTAA"'l"
SEC"I'IQN 6 -STATEMElIT OF FROBABLE CONSTRUCTION COST
CONSULTANT' 5 eval'tJations of CITY'S project budget and its
statements of const~~ction costs as provided for herein will be
made on the basis of CONSULTANT'IS experience and qualifications and
will represent CONSULTANT's best judgment as a qualified design
professional familiar with the construction industry" Because,
however. CCNSULTAN'!' has no control over che cost of labor,
materials, equipment, or services furnished by others, or Over the
RI Contractor's and the II Contractor's methods of determining
prices, or over the competitive bidding process or future market
'Conditions. CONSULTANT cannOL and does not guaro..nree or represent
t~~t proposals. bids. negotiated prices, or actual construction
costs will not vary from the statements of probable construction
costs prepal."ed or agreed upon by CONSULTANT"
SECTION 1 -PAYMENT
Payment shall be made by CIT{ wit~in ~o days of the date
of invoice, .only for sarvices rendered and within thirty (30) days
of submission in triplicate of monthly progress payment re~~ests"
Each invoice shall be itemized as to the type of payment described
in this section.
7.1 CONSULTANT'S FEES
7.1.1 ~"
(a) In consideration for the full performance of the
Basic Services de~cribed in Sections 4 and 7 of this Agreement for
the R! Project. CITY agrees to pay CONSULTANT a fee not to exceed
forcy-one thousand nine hundred dollars !$41,900) for the
Conceptual Design Phase. The fees for the Preliminary Design Phase
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and Construction Documents Phase and Construction Phase 'Will be
negotiated after the Conceptual Desigr. Phase has been Lompleted.
{b) In consideration for "the full performan.i:e of the
Basic Services describEd in Sections 4 and 7 of this Agreement for
the II project., CITY agrees to pay CONSULTANT a fee not to exceed
one hundred eight thou.sand dollars ($lC8,OOCl for the Preli::ninary
Design Phase, eigbty-two thQusa.'1d dollars ($82~OOO;' for the
construction Oocu...,-.snts Design Phase. 'lhe fee for the Constr-..1ctio!;
Phase will be negotiated after the Construction Documents has been
completed.
{el The amount of CONSULTANT's compensation shall be
calculated as set forth in Exhibit ~B·, entitled 'Rate Schedule,
att:.ac:bea hereto and l':\ade a part hereof by this referenr:E~ on lump
S~. basis except as noted in E~~ibit wB~. up to the ~aximurn amount
set forth in this paragraph 7.1.
7.1.2 Subcopsultants. Fees for subconsultants. hired
directly by CONSL~T~~. shall be approved by CITY in advance of
incurring such fees.
7 .. .1. 3 ~Additicn.al Senricps. For CONSULTANT's
additional services, as described in Section 4 of this Agreement,
compensation 6ha~1 be as prescribed in Exhibit. -S-but shall not
exceed $25.000. An employee~s or subconsultant~e time shall be
computed based on CONSULTANT' 6 Rate Schedule define:d in this
section and Exhibit B. The rate schedules shall be -updated on
July 1 of each year.
7.1.4 For Extra Work Qr Changes. Payment for extra
work: or changes in the work not initiated by CONSULTANT and
authorized in writing by the Project Manager shall be made wiehin
thirty (30) days of submission by CONSULTANT of a statement in
triplicate of itemized costs covering such woek. Prior to
commencing such extra ~ork or changes, CONSULT~~ and CITY shall
agree upon an E:sti:rr.ated not-t.o-exceed cost for such extra w-·:).:-k. In
no event shall CONSULT~! be paid for deSign work or change order
preparation which is necessary because of CONSULTA1"fT's errors or
oversight.s.
7.1.5 ~eimhursabl. Expen€es. Reimbursable Expenses
under t.he Ag'Ceulent shall not e.xcee-d $20 r 000. Reimbursable
Expenses are in addition to the compensation for Basic and
Additional Services and shall include act.ual expenditures, plus a
mark-up of twelve percent (12%) made by CONSULTANT~ its employees,
or its professional consultants in the interest of the Projects for
expenses listed in the follo~ing paragraphs:
(a) Expense in cor~~ction with the Projects for
telephone calls and telegrams and fees paid for securing approval
of authorities having jurisdiction over the Projects.
(b) F~ense of reproduction, graphics, postage and
~.andlir.g of drawings aLd specifications, except for these required
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to be furnished by CONSULTANT in Secti.on 4 and fer use in
CONSULTANT'S office:
(c) Expense Eor mileage to and from the Proj~cts j 00-
sites and meetings re~~ested by CITY.
(d) Only if authorized in advancE in writing by CITY.
expense of overtime work requiring higher than regular rclte8.
expense of renderings or models for CITY's use, and expense of
computer time 'When used in connection 'With J.~,:jditional Services
under Section 4.
7 • 2 PAYMENT S CI!EPtn.E
7.2.1 For Basic $e;vices. Payments for Basic
Servi~es, excluding construction Phase-Administration of ~he
Constr',J,ction Contracts. shall be Jri.Q.de monthly in progress payments
in proportion to the services performed for each Phase. The fin~l
progress payment for each project, excludirrg Co::;struction Phase
Administration of the Construction Contracc for each project, shall
be made by CITY after the bid opening for each project, but in no
event: shall such final progress payrllent be made later than ninety
(.90) days following acceptance of the applicable Construction
Documents for each p~oject by the Project ~~nager. Work remaining
after January 1995 shall be subject to ren~gotiation based on rate
increases. Services for the Construction Phase for ~ach project
shall be paid on a time and materials basis. based on ~~ibit Bl.
7.2.2 For Add~ t:iQr.-a1 ServicE'S. payments for
Additional Services ot CQNSULTJuVT as defined in Section 4 shall be
made as part of the monthly prog:.-ess payments for services
rendered.
7.2.3 ~ Reimbursable Expenses.
Re~ursable Expenses of CONSULTANT shall be made
monthly progress payments for services rendered.
Pay:nents for
as part of the
7.2.4 DeducLion~. No deductions shall be made from
CONStJLTAN'T's compensation on account of penalties, 1 iquidated
da.,.ages, or other sums wi tt..beld from payments to ~.ontractors.
7.2.5 ~nt Upon Suspension or Abandonment of
Projects. If the Projects are suspended for more than three months
or abandoned, in whole or in part, CONSULT~~ shall be paid its
compensation for serV'ices performed prior to receipt of \IiIritten
notice frOCl CITY of such suspension or abar-..Qownent, together with
additional and reimbursable expanses then due. If the Projects are
resumed after being suspendea far more than nicety (90) days, a~y
change in CONSULTANT's compensatio!'l shall be subj ect to
renegotiat.ion and .. if necessary, approval by the Pa.lo Alto City
Council (the "City Council-). If this Agreement. is suspended or
terminated for fault of CONSl."LTANT, CITY shall be obligated to
compensate CONSULTANT only for that portion of CONStJLTA."'IT' 5
services which a.re completEd at the date of termination.
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~!QN 9 • PROGRESS AND ~)MPLETIQN
S.l SCHJWUJ.,E
CONSULTANT acknowledges the importance to CITY of t.he
CITY' 6 Projects schedule and agrees to use its best effort:.s to
per-form its s~:rvicetS under this Agreement in a manner consistent
wit:.h that schedule. CITY understands, ho~ever, that CONSULTANT's
perfo~nce must be governed by so~nd ecgineering practices.
CONSULTANT shall not be responaible for delay caused by
circuntstances beyond its reasonable control~ including, but not
limited to delays by reason of. III strikes, lockouts, work
slowdowns or stcppages, O~ accidents, (2) ac~s of God, (~) failure
of CITY to turnish timely information or to approve or disapprove
CONSULTANT's instrument of service promptly, and (4) faulty
performance or non-performance by CITY, CITY'S independent
consultants or contractors~ or governmental agencies. CONSULTANT
shall Dot be liable for dw~ges arising out of any such delay, nor
shall OONS~TANT be deemed to be in defa~lt oE this Agreement as a
res'Ult thereof.
T'.ne term of this Agreement shall conunence upon its
execution by CITY. !t is understood and agreed that time is of the
essence of this Agreement.
The Conceptual Design Phase for the RI proj ect and
Preliminary Design Phase for the II Project of the work shall start
immediately upon. receipt by CONSULTANT of a notice to proce'2'd.
Work on each successive phase of service as ~pecified in Section 4
of this Agreement shall proceed sequentially by stages and phases
upon written notification and, until such notification, CONSULTANT
shall not proceed ~i~h any subsequent item of service.
e .2 TIME OF COMPLETION OF EACH PHASE
CONSULTAh~ agrees to perform the phased services ~ithin
thE; time li:nits set forth under t.he time schedule provided in
Exhibit -A-, however~ that any change in the ECOP2 of services may
require a revised time table.
The Construction Phase, if ar.y. shall he dependant upon
the lengt.h of the contrac:~ but in no evenc shall CONSLTLTANT submit
record drawings later than thirty (30 l days after completion of
construction work, as detertnined in writing by the project Manager.
CITY agrees to exercise ordinary diligence in performing
its tasks to implement: CONStr'"LTANT's time table provided under
Exhi.bit -A-.
8 . ., CITY' S B WI EW ANP .;1'PROYAL
Between each phase of 'Work there st.a.ll exist a re .... ~ie ..... and
approval period by CITY. CrTY shall exercise o=dinary diligence to
complete t-hese tasks; however. it is recognized that the inter-
20
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s:itJ;:;,;;;..;.;;. ... "O: .... -'-;i_.~~~~: ' !:<I?~~.'<
related exchange of information among CITY's various departments
makes it impossible to set a s?ecific time schedule. No.rm.:lly i
CITY's estimated period of :review and approval will be furnished to
CONSULTANT at the time of submission of each phase of the ~ork.
8.4 EXTENSION QF TIME OF COMPLETION
In the event the services called for under this Agreement
are not completed by CONStJLTANT within the time specifiE-d, CITY
shall have the option to extend the till'.e 'Of completion. This
paragraph does not preclude CITY's r~covery of d~ges for delay of
CONSULTANT ,
SgCTION 9 . CSGL~GES IN WORK
CITY may order maj or changes in seopld or character of
work, either decreasing or increasing the amount of CONSUL7ANT's
services. In the event that such changes are ordered. CONSULTft...NT
shall be entitled to full compensation for the completion of all
_ork performed prior to receipt of no~ice of change. Increased
compensation for major changes shall be deter.mined in accordance
'With Section 7 of the AgreemeDt, but in no event shall CITY be
liable for payment unless the ~~unt of such extra compen6a~ion
shall first have been agreed to in writing by CITY~
In the event that major·changes are ordered Dursuant to
this section; the schedule for progress and comple~ion~in Section
e of this Agreement. and compensation under Section 7 of this
Agreement, shall be adjusted by negotiation between CONSULTANT and
CITY. subject to approval, if necessary, by the: City Council.
SECTION 10 -TER.."""..INATIQN OR SUSrENsION OF AGREEMENT
~ D. 1 CANCELLATION BY CGNSVLTM'I
CONSULTM'7 may terminate t.his Agreement or suspend 'II1oI'k
cn the ~roject5 by providing 'thirty (30) days' '\IIri tten notice
thereof to CITY~ but only in the event of a subst3.!ltial failu=e of
performance by CITY or in the event CITY abandons or indefinite.ly
postpones the Projects.
10.2 C~CELLATTQN BY CITY
Withcut limitation to such rights or remedies as CITY
shall otherwise bave by law, CITY ~~y terminate this Agreement or
suspend work OD the Projects with or without cause, by providing
fifteen (15) days· written notice thereof to CONSLTLTANT, or
immediately after submission to CITY by CONSULTANT of any completed
item of service specified in Section 4 of this Agreezr,enL
CONSULTANT agrees to cease all work under this Agreement Llpon
receipt of such wri~ten notice.
--,..-------:--:-"
10.3 CQMPENSATION OF CQNSULTk~
TERMINATION OF THIS AGREElmNT
IN TrlE EVE~! OF
In the event of terrnina~ion of this Agreement or
suspension of work on the Projects by either CITY or CONSUT~TANT as
provided herein. CONSULTANT shall receive co."T!per:sation as f·o110,,",s:
(a) For approved items of service under Set:tion 4 of
this Agreement. compensation shall be in the amount outlin~d under
Section 7 of this Agreement for the items of service fully
performed by CONSULTANT.
{b) For items of service on which a notice to proceed
has been issued by CrTY, but which have J::ot been fully carr.pleted
and approved, CONSULTANT shall be co:r.pensated for !.he items of
service in an amount which bears the sarr,e ratio t.c the total. fee
otherwise payable for the performance of the service as the service
actually rendered bears t.o the total service necessary for the full
performance of r.he item of service.
(e) In no event shall the tctal compensation paid in the
immediately preceding paragraphs Exceed the payment specified in
Section 7 for the respective items of ~ervice to be furnished by
CONSULTANT.
(d) Notwithstanding anything in the preceding
paragraphs. upon termination feZ" fault of CONSULTANT, CITY shall be
obligated to pay for only that portioD of the service which can be
incorporated in the respective Project or the Projects.
~O.4 DUTIES Q~ CITY AND CQN$ULT~7
Upon ter.mination o~ this Agreement or suspension 0: wo~k
on the Projects by either CITY or CONSULTANT, aG provided herein,
al.l. duties of CITY and CONSULTANT, as set forth in Sections 4 3.nn
5 hereinabove, shall terminatE.
SEc:rIQN +1 • CONSULTA."'IT'S ACrOr::l'rI'lNG RE~
Records of the follolro'ing expenses pertaining to the
Projects shall be kept by CONSUVI'ANT in accordance with generally
accepted accounting principles and shall be made available to CITY
at mutually convenient t~s during the term of this Agreement and
for three (3) years following the termination of this Agreement:
(a) Direct personnel expenses, including consultant
expenses. {See Section? of this Agreement.)
Cb) Reimbursable expenses. [See Section 7 of this
Agreement;) .
(c} Expenses pertaining to Additional Services. (See
Section 7 of this Agreement.)
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SBCTTON ~_: ..... 9~RSH!P OF DOCUMBNTS
12.1 OWNERSHIP QE. ORIGINAL poem-reNTS
Subject to ~he provisions of Paragraph 12.2 belew. the
original drawings, maps, plans, designs .. r~ccrds of 5'.lr.rey. wc,rk
data, specifications, and any o~her docwr.ents prep:ared by
CONSULTPJtT in the performance of this Agreement, although inst~
mente of professional service, are and shall be the prop~=ty of
CrTY whether the work for which thay axe made is performed cr r:ot.
It is understood and agreed that the ?rojects' drawings
and specifications prepared by CONSULT~~ under this Agreement are
instruments of professional service iI1tended for one -time use 0::'
the Projects only. It is further understood and agreed that, in
the event CONSULTANT is precluded from completing a.ll services
provided for hereunder, including all construction phase services~
and CITY elec~s to have the projects completed by others, there may
be a significant risk of misinterpretation and misuse of
CONSULTANT~s partially completed instruments of service,
Nevertheless, a.ll such projec~s' drawings and specifications s~~11
become the property of CITY irl accordance with the t.erms and
conditions o~ this Agreement.
12 ~ 2 TRANSFER TO CITY
It is understood and agreed that the Projects' drawings
and specifications prepared by CONSULTANT under this Agreement are
instruments of professional senrice intended fpr oI!e-time use OIj,
the .Proj ects only. upon ter:r-.i.oation under Section ~O of this
Agreement and upon CITY's payment of the amount required to be paid
uDder same section~ the originals and all drawir.gs, calculations,
specifications and any similar dOCUI!"tents shall become the property
of CIT'{. arul CONSULTANT shall transfe!' them to CITY, upon request,
without additional compensation~ CITY shall have t.he right to
utilize any completed. or 1.mcomplet-sd dra .... ings, esti.mates,
specifications, and any other documents prepared hereunder by
CONSULTANT. CITY~s election to use the plans and. specifications
(1) for completion of the design of this project by others, (2) for
the construction of this project 'Without participation by
CONSULTANT, or (3} on any project other than th~ project which is
the ~ubject of this Agreement, shall be at the sole risk of the
ern',
!,S",;;~CT,±,I~O~N~~1",3,-_~_~I,-,lIT,"·UE"R,"E"S2.' TL OF CONfiULTM."T;
INDEPENP?IIT OF CITY
CONSULTANT
In accepting this Agreement, CONStJLTM"'T covenants that it
presently has no inte~-est, and shall not acquire any int,=,rest,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree ~ith the performance of the services
hereunder. CONSULTANT further cove~ants that, in the oerfo~ance
of this Agreement, no subcontractor or person having such an
interest shall be employed. CONSULTANT certifies that no one 'Who
23
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has or ...... ill have any financial interest '..!nder this Agreement is an
officer or employ~e of CITi.
It is expressly agreed that in the performance of the
professional services required under this Agreement CONSULTANT, and
&ny of its subco:lsultants or employees, sh.ill at all times be
considered independent contractor3 and r.ot agents or employees of
CITY.
SECTION 14 -OlITSIPE CONSVLTANTS
CONS\JLTM"T shall be responsible for employing all outside
consultants (subconsultants) necessary to al-d CONSULTA.'IT in the
performance of the services listed in Section 4 of this Agreementj
provided, however; that all such subconsul tants shall receive prior
approval of CITY in writing and shall remain acceptable to CITY
during the term of this Ag,reement.
SECTION 15 -INDEMNITY
CONSt.TLTANT agrees to indemnify and hold harmless CITY.
its Council members, officere.. and employees from any and all
claims. demands or liability of any nature, including death or
inju~f to any person, property damage or any loss, caused by or
arising out of CONSULTANTis i its officers', agents',
subconsultants' or employees' negligent acts. errors or omissions,
or willf!.!l misconduct. cr conduct for whicil the law may impose
strict liability on CONSULTJL~ in the performance of or failure to
perform its obligations under this Ag~eement.
CITY shall require Contractor to name CONSL'"l..TANT as
additional insured.
SBCTION 16 -INSURANCE
16 • 1 !NSURIu"JCE COVERAGE
CONSULTANT, at its sale cost and expense, shall obtain
and maintaiD i in full force and effect throughout the entire ter.m
of this Agreement. the insurance coverage described in Exhibit wen
to this Agreement, attached hereto and made a part hereof b}-r this
reference, insuring not. only CONSULTANT and its subc.:ontractors. if
any~ but also. ltfith the exception of 'Workers' compensation,
employ£r's liability and professional liabiliey insurance, nawing
as a.dditiona~ insureds CITY. its Council memP!;;I:s. officers. and
employees, and each of them. concerning CONSU"LJTM"'I" s performance or
failure to complete the perfcrrroance of the project under r.his
Agreement~
Al~ insur~~ce coverage re~~ired hereu~der s~~ll be
provided through carriers with an A. M. Best.& Company rating of
A;X or higher that are admitted to do business in the State of
California. Any and all subcontraccors of CONSULTArIT under this
Agreement shall obtain and rl'"lainta~n, in full force and effect
throughout the term of this Agreement, i!J5urance coverage as set
24
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forth in Ex..~ibi t "e", ...,it-h CITY and CONSULTA!'tT named as addi ticnal
insured under such policies as required abo~e.
16 .2 EVIDENCE OF COVERAGE
Certificates of such insurance, preferably on the forms
p!'"ovided by CITY, shall be tiled \oI'ith CITY ccncurrently with the
execu~i,on of this Agre-crn.-ent. The ce!""tificates sh,all be subject to
t.he approval of the R.isk Manager and shall contain an endorsement
stating that the insurance is priIrary coverage and .... ·ill not be
cancelled by the insurer without thirty (30) days' prior written
notice to CITY of such cancellation, and that the City of Palo Alto
is named as an additional insu~ed except in policies of workers'
compensation, employer's liability. and professional liabillty
insurance. Current certificates of such insurance shall be ke~t en
tile at all times during the terIT. of this Agreement with the City
Clerk:.
16.3 NO LIMIT OF LIABILITY
The procuring of such required policy or policies of
insurance shall Dot be construed to limit CONS~Tk~'s liability
hereunder nor to flllfill t.l'"..te indemnification provision and
requirements of t.his Agreement under Section 15 hereof.
Notwithstanding sucb policy or policies of insurance. CONSULTANT
shall be obligated for the full and total amount of any damage,
injury, or los$ caused by the ne'31igeot performance of services
performed under this Agreement, i~cludiog after the Agre~~nt has
terminated or expired.
SECTION -17 -WQRK~B$ ~ COl'+P;;NSATIQN
CONSULTA,NT. by executing this Agreement. certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer co be i:::t.sured against.
liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that Code. and certifies that
it -will comply with such provisions before cOrMlencing t.'r:!e
performance of t:he 'M'ork u11der this Agreement..
GO "
Any errors. otnissions, or ambiguities in the cor:t.ract
docu:nents prepared by CONSULTANT lithich are discovered before the
Projects are invited. for bid shall be corrected by CONSu!"TANT
..... i thout cost to. C!TY. CONSU!/rAA"T services required to make changes
in construction resulting frcmerrcrs, omisSions. or ambiguities in
the contract documents which a.re discO\."'er-ed after the construction
contra.cts are awarded shall be perfo::tll.ed by CONSULTANT without cost
to CITY only insofar as they result in unnecessary or non
beneficial changes in construction. CONSULtANT services required
to make changes in Coo5tTUction resulting from errors, omission8.
or a.'''~.biallities in the cQ:1tract documents which are discovered after
the construction contracts are awarded shall be performed by
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CONStJLTANT and shall be pa id for by CITY only irtsofar as they add
a benefit to the construction work.
CONSULT.4NT agrees to permit CITY t:J audit. at any
reasonable time during the term 0: this Agreement and for three D)
years ~hereafter, CONSULTANT'~ re~o=ds pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
such records for at least three (3) years a,fter the termination of
this Agreement.
SSCTION 20 -AGRE~.J>.llilll.~
~he terms, covenants. and conditions of ~his Agree~~nt
shall apply to, and shall bind, the heirs; Sl,..iccesscrs, executo:rs.
administrators, assigns, and subcontractors. as the case may be, of
both parties.
SECTION ,21 -NONASSIGNM!L!TY
21_1 PERSONAL SERVICE.C: Qf CON$ULTM7
Both parties heret~ recognize that t:his Agreement is for
the personal services of CONSULTANT and cannot be transferred.
assigned~ or subcontracted by CONSULTANT without the prior written
cons ent. of CITY.
21~2 SERVICES OF SUECONSULT4~ Ab~ THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
a~l persons necessary t-o perform. the services of CONSULTANT
hereunder~ No subconsul~ant of CONS~~TANT will be recognized by
CTn as such; rather ~ all subconsul tants are deemed to be employees
of CONSULTM'1'f, and it agrees to be responsible for their
performance. CONSULTA~ 5ha~1 give its personal attention to the
fulfillment of the provisions of this Agreement by all of it:.s
employees and subcor..sul tatlts. if any, and shall keep t.he work under
its control. If any employee or subconsultant of CONS~~TANT fails
or refuses to carry out the previsions of this Agreement or appears
to be incompetent or to act in a disorderly or improper ~~~I.er, he
or she shall be disc~arged i~ediately frem the work under this
Agreement on demand of CITY.
SECTION 22
CONSULTANT
RELIANCE UPON PRQFESSIOJUU, SXILL OF
CONSULTAl~ represents that its principals, officers, and
employees are skilled in the professional calling necessary to
perform the work agreed to be done hereunder and that CITY relies
upon the skill of CONSULTANT, its principals, officers¥ and
employees to do and perform th.e w.ork: in accord 'With usual and
customary professional care, and CONSULTANT agrees that the work
requir~d under this Agreement shall be performed in such monner.
21;
The accept.ance of CONSULTAN!" s 'Work. by CITY shall not operat.e as d
release of CONSULTANT from the obligation imposed he:r:-e'.lnder.
No payment, partial payment, ~cceptance or partial
accept.ance by CITY shall operate a5 a waiver en the pal-t of CITY of
any of it.s rights under this Agreement.
SECTION 2. -W/HYERS
The waiver by either party of any breach or violation cf
any term, covenar:.t. or condition ot this Agree"'nent or of any
provisions of any ordinance or law shall not be deemed to be a
waiver of such tenn, covenant. conditton, ordinance or law or of
any subsequent breach or violation of the same or of any ':lther
term, covenant, cO!ldition, ordinance or law. Tee subsequent
acceptance by either party of any fee or otr ... er money which may
become due hereunder shall not be de~T.ed to be a waiver of any
preceding breach or violatior. by the other party of any term,
covenant, oz:' condition of this Agreement or of any applicab~e law
or ordinance.
SBC'UQN :;;.c:. -COSTS AND A'ITORl,j-EYS' FEES
The pre .... ailing party in any action brought to enforce ~he
terms of this Agreement or arising out of this Agreement may
recover from the other party its reasonable costs and attorneys'
fees e:xpended in connection with such an action from the other
party.
SECTION 26 -NONPISCR1M.INATIONi PENALTY
26.1 DUTY OF CONSULTAb~
No discrimination shall be made in the employment of
persons under this Agreement because of the age, race, color,
national origin, ancestry, religion, disability, sexual preference,
or sex ot such person. If the value of this Agreement is, or rray
be. Five Thousand Dollars ($5.000} cr more, CONSULTANT agrees t,o
meet all requirements of the Pale Alto Nunicipal Code pertaining to
nondiscrimination in employm'!;!nt. including completing the
"Compliance Report--Nondiscrirnination Provisions of City of Palo
Alto Contracts· OIl the fo::m f-.:rnished by CITY and attached heret:o
as Exhibit ~D" and made a part hereof by this reference.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a pl-ovision substantially as
follows:
·Provider shall provide CONSULTANT with a
certificate stating that he (or sr.e) is currently in
compliar.ce with Federal and State of Califor11ia la· ... s
covering nondiscrimination in employment; that he (or
she) will pursue an affirmatiVE course of action as
27
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.-'.<#
required by the Affirmative Action Guidelines of the City
of Palo Alto; and that he (or she) will r'ot discriminate
in the e:mpl yrnel1t of an:" person under this contract
because of the age, race, color. nacional origin.
ancestry~ religion, disabllity. sexual prefecence or sex
of such p~rson.~
2£ . .2 prnAI,TY FOR DISCRIMINATION
If CONSULTANT is round in vi:.:lation of the
nondiscrimir~tion provisions of the State of California Fair
Employment Practices Act or similar provisions of federal laW" cr
executive order in the perfcnnance of this Agreeznent., i': shal
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the pow·:r to cancel or suspend this Agreement~ in
whcle or in part~ or to deduct from the amou..'1.t payable to
CONSULTANT the sam. of Twenty-five Dollars ($25; for each person for
each calendar day during 'Which such person was discriminated
against., as damages for breach of contract, or both. Only a
finding of the State of California Fair En",plcyment Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this section.
"If CONSULTA.."'IT is fOUDd in viol at. ion of the
oondiscrirr..:.nation prOVisions of this Agree..'T,ent or t.he applicable
a:firmative action guidelines pertaining to this AgreemEnt~
CONSULTANT shal~ be found in material breach of this Agreement.
Thereupon CI'I'Y shall have the power to cancel O'C suspend this
Agreement~ in whole or in :;lart, or to deduct from. the amount
payable to CONSULTANT t.he sum of Two Hll."'1dred Fifty Dollars ($250)
for each calendar day during which CONSULTANT is found t.o have been
in such noncompliance as damages for breach of corrtract, or bot.h.
SECTION 27 -ARBITR.A1'ION
Upon agreement of the parties any controversy or claim
aris~ng out of or relating to t.r.is Agreement may be settled by
arbitration in accordance with the Rules of t.he American
Arbitrati~n Association, and judgment upon the aw~rd rendered by
the arbitrators may be entered in any court havi~g jurisdiction
thereof_
SECTION 28 -NqTICES
All notices hereunder shall be given in .... -riting 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
~alo Alto, California 94303
I
I City of Palo ~~to
Director of Public wcrks
Post Office Box 10250
Palo ~to, California 94303
ATTN; Project ~anager. Los Trancos
& Page Mill projects
Attention of the Projec~ Director
at the add=ess of CONS~DT~~ recited
above
;;ECTIQN 29 -ALL COVENA.t"ITS ARE CONDITIONS
All provi.Eioo.s of th~s Agreement a:=-e expressly ll'lade
conditions.
SECTION 30 AGREEMENT CONTAINS ALL IJNDERSTANPINGS +
This document represents che entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiat ions. representa tions, and agreerr.ent6 i ei ther -wri t ten or
oral.
This document may be amended only by written instr~~nti
signed by both ClTY and CONSULTANT~
SECTION 31 -GOVERNING LAW
This Agreement shall be governed by the laws of the State
of California.
IN lrII'7TNB3S WHEREOF. CITY and CONSULTANT have executed
this Agreement the day and year first above written.
City Clerk
APPROVED AS TO FORM,
Senior Asst. City Attorney
APPROVED,
City Manager
Director of Finance
Director of Public Works
29
CITY OF PALO ALTO
Mayor
Taxpayer Identification No.
94-2706173
Risk Manager
Attachments:
EY.HIBIT "A":
EXHIBIT ".8 ":
EXHIBIT II C .. :
EXHIBIT "D'"!
SCOPE OF PROJECT « TIME SCHEDULE
RATE SCHEDULB & PAYMENT SCHEDUL~
INSURANCE
NONDISCRIMINATION COMFLIA.~CE FORM
30
!!XHII!IT A
BASIC SERVICES
Los TJODCOS Road and Page Mill!Foothill Expressway Inr=ectioo Improvements
1. LOS TRANCOS ROAD
A. General
Los Tranoos Road is 2l! existing 2 lane rural road having. traveled way
widlh of approxi:n3tely 18 fee: running southerly from Alpine Road. The
project area is a 0.7 mile portion along the easterly sit!e of LO£ Trancos
Creek begir.ning approximately 0.4 mile soulherly of Alpine Road. The
project limits are the Los Trancos Creek cros.si1lgs, which wi tl remain in
their present condition,
The primary objectiw~ of the project is to widea the road to a 28 feet
traveled way inoluding two focI sh.>u1der. (IWO 12' lanes with 2'
sIIoulders) in or<leT 10 increase ..rety.
Consultant will perform only !bose services enumerated under' Conceptual
Plan Phase" below. If authorized by the City of Palo A110 based upon •
mulually a=p<able scope of ser.ices, schedule, and foe, Plans,
Specifications an<! Estimates (PS&E) will be prepared by ConSilltant in
confonnance wilh applicable City of Palo AIIO Standard Drawing' and
Standard Specifications. Plans will be prepared in AulOCAD v=ion 12
usinE City of Palo A110 drafting criteria, and furnished in electronic media
10 document this project only, not for other use, as descnbed and qualified
in Section 4 of the Agre.etn!llt.
Text documents including specifications inputs wit! be prepared using
Word Perfect 5.1, a. .... d furnished in reproducible and electronic media.
The City will prepare all bid documents (excepl the PS&E), and adminisler
the construction project, including bidding and management. Consultant
will assist t'te City during Bidding and Construction Phases as detal1ed
below.
n\5.j\\ll19939O\Vt'p511.scope.r3
REVISION '3; NO'V~ S, 1993
. -".'
Exhibit A
Basic Servi=
Page 2
2. YimU'erformed by CilJ!
a. Permit application and processing. including property entry
b. Public meeting schedules and mailers
c. Advertising and award of construction contract
d. Acquisition of rig~t-<>f-way and property
e. Utility agreements, and construction permits
f. Coordination and correspondena: with Stale and Federal Agencies
regarding funding approvals
3. Information Sup!jlied by CilJ!
2. Copies of -as-btJi]t-drawings
b. Existing Rillht-of-W.y maps
c. Existing utility infonnatioo
c. Bid documents and general provisions
e. Standard Specifications
f. Off-site hydrology information
g. Existing survey data. i.,t1uding b<nchmarks within tile proj"-"t
limits
h. Title reporu
i. Desip! Criteria
j. City tille block in AutoCAD ._ 12
k. Example bid docu~ IS from similar City project
4. ExclusionS
a. Hazardous waste investigations and remediations
b. Permit application fees
c. L-rigatioo design
d. Utility poIholing
e. Utility relocation design servi= for third party facilities
f. Services in connection with any public bearing nO! specifically
identified berein
g. Scmces in connection with any arbitration or legal proceeding.
except where the Ccnsultant is a party there!o
h. Ally other services not O'.r,erwise specifically included in !his
Agreement
l!Iuj\OII99l90\wp5I\scope.rJ
REVISION 6; November S. 1993
......
Edubit A
Bask Servt<:es
Pagc3
B. Conceptual Plan Phase
Consultant s!wI perflmn L~e following tasks.
1. Srope pf War) CQufirmafion
rne Consulrant and staff will conduct a project initiation meeti.'g .Iter
DOtice to proc=d. The objectives of this meeting will be to I), ~""
refine, and confirm the Scope of Work and sche<lule for the Conceptual
Plan Phase; and 2) establish ba.>is for design criteria, deliver.!bles and
format for same, conceptual oplnion of probable cost format, billing
formal, and commurucation protoc01. Wriuen minu.tes of tlle meeting
along with revised scope language will be prepared 10 document !be
meeting, and disseminaled to all attendees.
2. Field Reyjrcw
'Thi! task will include a), field survey to define centerline profile, locate
edges of po.vemen1 and adjacent grade breaks, locate significant trees (7"
diameter or greater), and Iocall> uli!ities, .n ",ithin 5 feet of edges of
po.vement; and set borizOo1lal control markers for !be aerial phOlogr.lph b),
walle observatioru by Nolll> Project Mlmager and Project Engin=; and c),
rectified aeriaI mylar hase sheels (plan/profile) at a scale of I" =40' done
originally for this job (the fee for this product assu~ that the aeriaI
photography for the Los Trancos Project and the Page MillfFoothill
f'rojeet will be conducted during \be same flight operation). This work
will t>e completed before th~ re:naining task..o;; commence.
3. Soys Tnvesti ration
Temuech, Inc. will provioe geoteChnical inputs to the Conceptua.l Plan
Phase as discussed below.
a. Review available data on existing pavement section, existL'1g
pavement perfonnance, and surface drainage conditions.
b. Review pertinent in-house geologic maps and Iiler-.rure to belp
identify local =rial characteristics, areas o! potential .rope
u\sjIOll99190\wp5! \scopt:.r3
REV1SlON 13, November S. 1993
E>lnbil A
Basi(: Services
Page 4
instability, and other geologic hazards WI mighl affecl design of
the: roadway widening znd improvements.
c. RevieYw' preliminary plans for roadway widening: 10 identify where
cut slopes. slopes steeper than 2:1, or retaining walls may be
needed.
d. Conduct field walk lour and ohserve ~ conditions 10 identify
potential geologic constraints.
e. Prepare prebmin.azy seils report to documenl general assessmenl
conducted in tasks B.3.a. -B.3.d. above.
4. Enviroomental ASgtismenl
a. David 1. Powers & Associates will conduct a conceptual
environmental fatal flaw assessment that identifies the sensiti .... e
areas al<>ng Los TIlII>COS Road. This fatal naw ••• esslll""t will
identify potential impacts from roadway widening using !he City'S
environmental checklist and !he base p"," prepared by Nolte a'ld
Associates. The anticipated areas of cooc:ern include impacts !O me
c=k bank along Los Trancos Croel<, adjacent drainage and
wetland areas, large oak trees, and other significant Slands of
"<gelation along the roadway alignment. No work by
subconsultant specialists such as biologists is included in the
Conceptual Plan l'!' .....
b. The results of this conceplual fatal flaw assessment will be
provided to Nolte and Associates L~ ietter repon format for
consideration in the development of the Alternative A roadway
alignment plan in order to minimize environmental impacts.
5. Trame Engineering
This task will include limited literature review regarding geometric
criteria, resulting in a letter report defIning horizontal and vertical
standards for use in conceptual planning.
11\sj\O 1 1 99390\'W'JIS1 \scope.r)
REVJSION 13~ November S, 1993
Exhibit A
Basic Services
Page 5
6. Cqn~tual Alignment Plan for Alternative A
lIa.!cd on the findings and products of tasks B. I through B.5 above, a
COfI<eptlW alignment plan and profile will be developod using ink co
mylar at a ,.;ale of I" ~20'. This will generally illustrate, for Alternative
A (2-12' Lalles and 2-2' shoulders), the foUowing.
•. Roadway alignment, both horizontally and vertically
b. Siope Stabilization issue> and conceptual options
c. Impact to exlsting trees
d. Impact to the eovironmentally sensitive (creek, wetlands type) areas
e. Impact to existing utilities.
f. Private property conforms
A !Otal of six (6) plan/prom. sheets and on. (1) Iypical cross-sections
sheet will be prepared and ir.corpora!ed into the Conceptual Plan Repon
discussed below.
7. CQWl!!!!!;'] Plan RJ:IlO!l
A draft Conceptual Plan Report will be prepared in 5 copies for staff
review I and will inc~ude the fono'W1ng items.
a. Summary of the findings of !he above tasks.
b. Alternative A planfprome =PL
c. A planning-level cooceptual opinion of probable construction costs,
prepared based on order-of-magnitude aggregate system costs for
major ilems of work..
d. A refined Statement of scope and fee for Preliminary Design,
Construction Documents, and Construction Phases. based on the
text incorporated herein and estimated level of efforts for each
major task.
Written comments on the draft 'Will be incorporated into the final report
and submitted in 10 copies for presentation to City approval bodies. This
1l\sjiOII99390iwpS l\scope.f)
REVISiON 13; November-S, 1993
Exlubit A
Basic Services
Page 6
NOTE:
report will provide the basis ror approval to move forward into the
PIeliminary Design Phase.
Back-ul' calculations, criteria, ,md findings relating to the basis of the
Cooceprual Plan Phase will be prepared as an appendix to the ConceptUal
Pl2n Report, and submitted in 3 copies.
8. Appmyal Meetings
The ccnS'"ltant wiU prepare for and anend two (2) meetings 10 present the
findings of the Conceptual Pian Phase. The rejective of l~is task is to
give the City. presenmtion on the project so a decision regandlng moving
on tv the Prelimina.-y Design pt. ..... can be made. The following tasks are
included.
a. Presentation Mater<-aJs: After confirming fOrmal requirements with
City SlBff, the COJUUltant will prepare ooe (I) colored se1 of pian.
for Alternative A ( .. "en (7) sheets), and ffil' charts with bullet
summaries of l<oy findings (approximately 4 pages).
b. Attend Meetings: The Consultant (witbo\;t subccnsulranu) will
attend two approval meetings 10 make formal presentations of the
findings of the Conceptual Pian Phase.
THE CONSULTANT WIIL CONDUCT ONLY THE CONCEPTUAL PU.N
PHASE AS DESCRIBED ABOVE. IF THE CITY DECIDES TO MOVE
FORWARD INTO PREUMlNARY DESIGN AND CONSTRlJcnON
DOCUMENTS, CONSULTANT ANDClTYWn.LRENEGOTIATESCOPEOF
WORK, SCllEDULE AND FEE BASED UPON THE FINDINGS OF THE
CONCEPTUAL PLAN PHASE INCLUDING APFROV AL MEETINGS.
:c\.sj'Oll99390\wp:Sl \scope.r]
REVISION 'J; November S. 1993
EJ:hibit A
Basic SeJvices
Page "i
C. Preliminary Design Ph"'"
Consultant shall perform tho following tasks.
1. Scope of WOO Coon rmatjpn
The COIlSUltant and Slaff will C<lnOuct the proja:! initiation meciint after
notice to proceed. The objectives of Ibis meeting will be to 1), revi .... ,
.. fine, and confirm the Scope of Work and sclIeduk: for the project; .,Id
2) ..tIblish basis for design criteria, phm format, spocilica60n fornw and
bidding ba!is, opinion of probable cost format, billing fomw, ""0
communication protocol. Written minutes or the medina aIoni with
revi5ed scope language will be preparod '" docIlment the meeting, and
disseminated t:> all wendees.
2. Iow&!iij2hic and Boqpdary Surveys
Based on a field survey, prepare a I" = 20' scale, I-foot con!oor map for
planning and engineering Ibe new alignment of los Trancos Rood.
Items included in survey:
.. Cootrol line
b. Significant -. "ith species and trunk and drip diamekrs
c. Utilities
d. Culverts
e. Cross-sections at approximately 50' spacing 00 tangents
f. Cross-secUOO5 at app:rox..imateI y 2S t spacIng on curves
g. Existing property lines (based on record data and preliminary
SUIVey).
Cross-section limits will be 25 feel outside edge of pavement left and
right. For the prelimina'Y submittal, the property lines will be sboWll ""
an &eria1 pho!ograpll for .... of ~i5c"ssians with property owners. The
phOlOgIaph will be a rectified aerial phO'.ograph at I' =40'scale (4 sheets)
obtained by Consultant through a local aerial photographer (reimbursable
item),
n"-j\O I I 99390\v.opSl \scope, r3
REVISION #3; November S, 1993
Exhibit A
Basic Services
Page 8
•. David J. Powers &. Associace, will conduct a preliminary
environmental constraints aJ1.a1ysis that identifies the sensitive areas
aloog l<>s Tranoos Road. This conmaints analysis will identi fy
potenti>.! impacts from roadway widening u,ing L~e CilJl'~
tnvironl'Il¢l1taI checklIst. The anticipated areas of concern include
impacts to the rn:ck bank along Los Trances Creek, adjacent
drainage ... ,d wetland areas, large oak trees, and other significant
stand, of vegetation aloog the roadway aligmr.ent This
prelimirnll)' analysis will also consider potential flooding hazards.
b. ThE results of this preliminary conmaints ..,alysis including the
environmental c!leek list will be pro.ided to Nolte ar.d Associates
for consideratio:1 in the design of the roadway wideJIing in order
to minimize environmental impacts.
4. Traffk Engjneerine
The ttaffi<: engineering services, 10 be oonducted by Patte""" Associates,
will CO!lSist of the following tasks.
a. Data Gathering: Accident data, existing stlldies. and traffic counts
will be gathered f'rnm the City. If required, Patt=cn Associates
will conduct ttaffie counts for input into environmental
assessments, whicb will be Cilruidered additional services. A
summa..ry of the accirlent information will be used as information
for a fie1d survey and eV31uation.
b. Field Review: A fie!<! review will be conducted 10 determine
mitigation measures for any accident problem, data which may
hav~ been found. Sight distances at vertical and boriwntal curves
will also be O\'aluated. Traffic operations at intersections with side = and driveways will also be observed.
c. Review Improvement Plans: Based on L~e data gathered and field
review, provide information or. uafflc design criteria incl uding
design speed, horizontal and vertical curves, minimum sight
nhjlO 1199390\wpSl \5a:Jpc.r3
JlEV1SION '3; N ovembu !!i. 1993
Exhibil A
Basle Services
Paae 9
distances, grades, road connections, shoulders, a.l'1d horiz.ontal
clearanees.
d. Traffic Engineering Report: The results of Tasks B.S .•. -B.S.c.
wiU be documented in a brief report.
5. Preljminaz:v Analysis of POlfntial Flood Hazards
The (onowing Wks .. ill be prepared 10 provide technical inputs for tIHo
Environmental Assessment and prelimir.ary design. focusing on the
potential flooding impUcations within the roadway right of way due to
widening.
a. Make field visi l
b. Research available reports, maps, and other documentation on
flood potential in the vicinity of the project site.
c. Contacl appropriate City and County agencies to obtain available
information on flood potential in the area.
d. Review USGS mapping for the tributary walersbed.
e. Make recommendations for further SlUdy/analysis (tf any), which
will be additional services.
f. Prepare letter report summarizing avanable information on flood
PQ!entiai and any potential impacts to flooding due 10 prcposed
widening.
6. PreIImjnary l)rs;gn Plans and Estimate -TWQ Desitn Altmgtiyes.
~
a. Base Alternative: Based 00 the topographic surveys, preliminary
boundary information, environmental constraints, seils data. and a
preliminary established design speed, prepare engioeering drawings
(plan (.1 a scale of I· =20') and profile) which generally aUdine,
for the base alternative (2-12' lanes and 2-2' shoulders,
a\sj\01199J90\wpSl \scope.:)
REV!SION 13; November S. 1993
ExhibiIA
Basic Servi<:r.s
Page 10
approximately symmetrical about the uoterline). the following.
(1) Roadway ali6nmen~ both horilOnt.1lly and vertically
(2) Right-of-way requirement.<
(3) Re:aining wall/slope subilization and grading conform
need,
(4) Impact 10 existing trees and vegetation
(5) Impact to !he environmen!a1ly sensitive (creek, wetlands
type) =
(6) Impact 10 •• isting utilities
(7) Private property conforms
(8) Drai.n3.ge culvert modifications and additions
(9) Preliminary traffic signing and striping
(10) Roadway confonns at !.ie limits of !he project.
A total of six (6) plan/profile sheets and one (1) typic.al cross
sections shoet wiD be ~ in 10 copies, and submitted 10 !he
City for preliminary review, along with the Preliminary SoIls
Repon (Task B.3), !he Environment.1l ... ssessmcnt (Task C.3), !he
Traffic Engineering Repon (Task CA) and the Preliminary
Analysis of Poten!iaI FIood Hazards (Task C.S).
b_ Review Meeting: Approximately one week after submitW, a
meeting will be held with COIlsuItanl (with subcOllsultants) and City
representativ~ to r-eview the Base Alternative. The Consultant will
jlrepaTe a colored print of tho submitW for the review meeting.
The objective of this meeting is to review opportunities and
constraints of the Base Alternative, and determine in concept, I),
refinements ID Base Altemative, and 2), objectives and ooneeptUaI
elements of two ether alternatives, for further deve;opment.
e. Alternative: Based cn the results of the Review Meeting, the
ae.;gn team would prepare an additional alternative thal widen. L'>e
roadway where possible within the environmental and geo[eChnical
constraints. The plans, prepaTCd at a =le of 1'=20', wil'
generally depkt the following items:
n\sj\OI L9'190\101pSl \scope.r3
REVISION 13; November 5, :~3
Exhibit A
Basio Services
Page 11
(I) Roadway align ment, both horizontally and vertically
(2) Rigbt-of-way requirements
(3) Slope stabilization and grading ooilfonn needs
(4) Impact 10 existing tree> and vegetation
(5) Impact 10 environmentally sensitive areas (creelc, wetlands
!ype areas)
(6) Impact to existing utilities
(7) Private property conforms
(8) Culven modifications and additions
(9) PreIimIrwy tIaffic signing and striping
(10) Roadway conforms at the limiQ of the pwject
A toIal of six (6) plan/profile sheets and one (I) typical eros>
sections sbeet will be prepared.
d. Preliminary Opinion of Probable Construction Co,,: Order-of
II12gnitude aggregate ')'Slem costs will be prepared for major item;
of construction. along with a preliminary work breaJcrlowr, and
nMewed with the City. A prelimirwy opinion of probable
oonstruction cost will then be prepared based on the approved
aggregate unit costs, for each alternative, for comparative
purposes.
7. Community Liaison
P..ardesty and Associates will schedule and attend four (4) meeting>, with
the Consultant project manager or project engineer. to inform community
members about tbe prelimina..ry project alternatives under consideration.
and seek feedback. This will involve presen!2.tion of the exhibits prepared
under Tasks B. 7.a and B. 7.c. above to the following agencies or groups
.. Town of Portola Valley: Town Planner and Town Engineer (two
meetings antieiP<Ued)
b. Town of Por.ola Valley Planning Commission UO(Qffi)atjnnal
meeting only)
c. Santa Clara County (eiL"-r Parks and Recreation or Genem
Services, 10 be determined).
n\sj\O 11993901wp5l\scope.r3
REVlSION 13; No ... emba-S. 1993
Exhlbit A
BaJie Servi=
Page 12
A report will be prepared summarizing information and findings, and
providing recorn mendations as appropriate.
8. Preljminall pes; en Rmoll
A preliminary <ksign repor. summarizing t.~e findings of the above !asb,
and enclosing the 10% P&'E, will be prepa."ed in S copies for staff review.
Written comments Oil the draft will be incorporated into the final report
aDd submitted in 10 copies fo< presentation 10 Cit}' approval bodies. This
report will prc\.ide the basis for approva! 10 move fo!'Vt'3.Id into the
Coostruction Documents Phase .
.Back-up calculations, criteria, and findings relating Ie the basis of
preliminary ~gn will be prepared as an appendix to !he Preliminaty
Design Report, and submitted in 3 copies.
9. !\ppmyal Mec61W
The coruuUant will prepare for and attend three (3) meetings to present tile
fin::!ings of the Preliminary Design P~.ase. The objective of this !ask is 10
gain approval from the CilJl on a prefeJml alternative to carry fonwn:! to
Coostructioo Documents Phase. The fonowing tasks are included.
a. Presenialion Material" Afler confirming format '"'Iuifements with
City staff, tI'.e eo.,sultant "'ill prepare one (lJ colored set of plans
fo< each alternative (seven (7) sheets each), and flip <!tarts with
bullet summaries of key findings (approltimately 10 pages),
including a simple comparison of alternatives.
b. Attend Meetings: The Consultant (with subcoosultants) will attend
three form:;] approval meetings to make fO<mal presenralions of
Preliminary Design Phase,
D, Coostruction Documents Phase
If City approval is granted to conducl the Construction Documents Phase, the
following tasks will be perfa<med by the Consultant.
nlsj\O 1199390\\l.p 1 \scope. r3
REVISION '3; Novembet-5, 1993
&JuDit A
Basic Services
Page :3
1. Scope pf Work Conf\11Iliti.Qn
a. Review and Modi;y Scope: The Consultant will review the Sccpe
and Fee for the Construction Documents Phase with respect 10 the
definition of the preferred alignmont, to iden" fy any changes in
design scope and f<e. Of particular concern in this regard is the
scope and scale of poter\tial improvemefits, especially those relating
In necessary mitigation p13."t;"gs. FOI" the .. items, the scope of
work and levels of effort are app'.-oximately estimated anI:! must be
reviewed fo< changes; f the scope of work is substantially changed.
A written summary ;,f:;cope exceptions \/will be prepared -.ithin one
wee};; of receipt of authorizati'On to prc;.c:.eed to Coostructlcn
Documents, and submitted 10 the staff for review,
A """,ting will be beld with City suff to review and agree on the
scope eueptions, and the relative impact 10 fee (i.e., add or
subtracl effort by major task). In advance, the Consultant will
prepare revised scope language and fee changes, willl supporting
justification, for review and approval by saff.
b. Project Definition: After receiving written approval on scope and
fee changes defined above, the Consultant will prepare a written
description of the preferred alternati Ye, hereinafter called the
"Project," along with a red-marked improvement plan to
:rupplement the written de5Cription. This will be reviewed with the
Consul:ant (with subconsliltants) and staff in • four-hour workshop.
the results of which will be a consensus defll1itlOl'l of the Project.
Minutes of the meeting will be prepared '0 document the Projecl
definition and actions required.
2. Towgraphic and BOlmdarv SurveYs
a. Boundary Sur;ey: Cond UCI boun;!;uy field survey of up to five
parcels of land, sufficient to describe parcels to be acquired for the
project (Le., the survey will locate fron lage and sides 10 limits of
proposed righl-of-way line). &sed on the survey, establish tile
boundary lines !hat will be necessary for the preparation of legal
lJ\.sj\OI199390lwpSl \soope.r3
REV1SlON '3; November 5. 1993
Exhibit A
Basic Services
Page 14
descriptions for right-of-way acquisition. Boundary plots will be
prepared, ."d the right-of-way lines will be added to base sheets.
b. Plats and De5criptions: Based on preliminary rev;ew of rocord
data and maps, it is C5timated thai five legal descriptions and plats
will be required for right-of-way acquisition to conSlnlCt the
proj",t. If other legal descriptions and plats are required for
temporary oasement.s Of utility ~m<nts_ they will be treated as
additional services. The product of L~is task win be five legaJ
descriptions and plats, with L'>e acquisition areas shown on the
plats.
c. R=rd Map: Prepare a rccoro map showing the ... isting
boundaries and right-of-way, and parcels to be acquin>:i.
3. Soils Inve£jgatio\l
Tenatech, I"". will provide g"",,,,hnical inputs to the Constructioo
Documents Phase as discussed below.
a. Core through the pavement at approximate 500 foot intervals (eight
IocatiOllS) 10 measure the existing pavement "",lion and to evaluate
nweriaJs below the asphalt ~ sun""". Core bol .. 'Would be
pat<:hed with asphalt COflcrete rold mix.
b. Selectively sample anticipated pavement Stlbgrade material for R
value te.sting. It is expe<ted that samples will be taker. at
appro.; mate 5CQ. frot intervals depending on soil consistency ""d
tho results from coring.
c. Perfonn R-value testing on selected on-site soil samples.
d. Design and ",,"mmend overlay thicknesses and alternate structtJraJ
pavement sections based on T1affic Indices developed in
cooperation with the City of Palo Alto. For fiU areas, provide
pavement aItemative.'i for a soil subgradt: constructed u5ing native
soil as well as for assumed R-val ... of import, as necessary.
o\';\Ot J99390\wpS IIs<:o!>e. ,1
REvrS10N 13; November S, 1993
Exhibit A
Buic Services
Page IS
t. Prepa.re geoleChnica1 recommendations rOT site preparation, grading
and compactiOll of the ""vement subgrade.
f. Perform field reconnaissance of existing slopes that .. ill be cut into
significantly to allow road widening. Perform surface sampling or
materials in proposed remining \.\'all locations.
~. Perform Atterberg Limits tests on surface soil samples, as
appropriale.
b. Evaluate field and laboratory data, and prepare =ommendatiOll.
for maximum cut and fill slope steepness.
i. Advise on retaining "alllslope stabilization option., and prepare
m:ommended retaining .. allislope stabilization design parameter!.
j. Prepare a wrinen report su mmarizing the findinE' and
recommendations for altemate vehicle pavement sections?
muimum .lope steepness and retaining ....nl slope stabilization
design.
If slope instabili ty is judged to be probable"" the basis of work performed
above, it may be ne.:essary 10 perform additional services .uch as
subsurface exploration with a backhoe or drill rig, IaboralOrJl testing, and
analysis of specific ,lope areas. Finding' and recommendations for
additional .. ",i<os woul~ be discussed with the Ci ty in term. of scope and
fee, and wouid be performed only after receivL"g written. authorization.
4. Environmental A:w:ssment
a. After design of the proposed roadway widening, Powers will
prepare an Initial Study for the project. If the Initial Study
indicates that the project impoets can be mitigated to •
lIOIlsignificant level, a Mitigated Negative Declaration will be
prepated. This Initial S:udylMitigated Negative Declaration will
be formatted to moo: the requirements of the City of Palo Alto and
the CEQA Guidelines. The document will include a project
description. environmental cnecklist, description of the
:c\sj\Oll99390\wpSl \sc.ope.rl
REVISION ')~ November.1, 1993
E1Ihibit A
Basic Services
Page 16
etlvironmenlal setting, desmption of L~e potentially signiF.c2J1t
impocts, and identification of proposed mitigation. The Ini tiaI
Study/Mitigated Negative Declaration will be submitted to City of
Palo Alto staff for review and comment. The areas of anticipated
analysis and discussion in the Initial SiUdylMitigated Negative
Declaration arc de.scnbed below.
(i) Project Description: The proposed roadway widening will
be descnbed based "JXl!l design infonnation provilkod by
Nolte ar.d Associates. Proj..:t plan. will be presented. In
addition, tho !"'Ojec!', objectives will be descnbed.
(2) Land Use: Thi' section will address the Ian<! oS< impacts
associated with righ'-of-way acquisition fran: privatt
property owoers for the prop.>sed roadway widening. This
section will alsc address the impactS of relocatin.g power
li~ along the roadway alignmenL
(3) Traffic, The Initial Study "'ill describe the !raffle
cooditioru on Los Trances Road, based on the traffic SltKiy
prepared by Patterson Associates. This sectioo will provide
existing daily and peale hour ttaffx: voiumes for the subject
portion of Los Trancos Road. No traffic L-npacU are
anticipated since the proposed proj eel is required for safety
purposes and would not increase road .... y capacity.
(4) Geology/Soils: The geologic and soils conditions in the
project area will be descn"bed, based upon inrormatioo
provilkod by Temuech, Inc. Potential geologic impacts ;Jw
may be associated with the project will be assessed,
including slope instability. erosion, and seismic hazards.
(5) VegewionIWtldlife: The Initial Study will describe the
vegetation and wildlif. resources located within the project
a.~. based upon • biological investigation condocted for
the project by ",bcoo.u1tanc H.T. Harvey & Associates.
The biological investigation will include a review of
pertinent biotic documents (including the California Natural
n\I>j'.OI199390\wpS 1\scopc:.r3
REVISION 13; NC>Vea>OO S. 1991
&hibil A
Basic Services
Page 17
Diversity Data Base) and • reconnaissance of the proje<1
site. The biotic an.aIysis will also provide a reconnalssance
level debneation of wetland areas regulated by the U.S.
Amy Corps of Engineers. as required. The vegetation and
wildlife section will quantify the impacts to biotic resources
resulting from the rood""''3y 9,'idening, incj·.u:Ilng estimates
(}( vegetat!on rvnoval (mature trees, riparian vegetation,
wetland vegelation) and impacts to wildlife (except special
stilus animal species). Impacts 10 wetland habitats
regulared by the U.S. Amy Corps of Engineers andlor the
California Depar.menl of Fish & Game would be
q1lll!!tified. Mitigation would be provided for po~tial
impacts to biological resources, as well as monitoring
tequiremena.
(6) DrainagelFlooding: This section will adctress the existing
drainage conditions within the project area and will address
any drainage impacts from the roadway widening. based on
hydrology information provided by Nolte and Associates.
This section will address any flooding !wards to the project
from the adjacent Los T rancos Creek.
(7) CullWlil Resoora:s: A cultural resoun:es inv",tigatioo of
the roadway WIdening area will be cooducted by
subconsuJtant Holman & Associates. This investigation will
include a literalure search and field survey of L~e project
Stte. Impacts to potential archaeological resources will be
assessed and appropriate miti.gation identified.
b. The draft document will then be revised based upon written
oomments and teSIlbmined to the City of Palo Alto for public
circulation. Af"" completiOil of the 3O-day public ctmJlation
period. Powers will prepare w..'ritten responses to any comments
receive.:! on the !r.itial Study and submit them to Ole City.
lI\sj\OI19939O\wpSl"'scope. r3
REVISION 113; Noy~,mber 5. 1993
Exhibit A
&sic &rvi<:es
Pagt i8
S. TraffiC; En~i!leerine
The traffic engineering rervices, to be ccnduc!ed by Patterson Associates,
will consist of the following tasks.
.. Prepare Signing and Striping Plans: Signi.1g and striping plan. will
be prtpare<l at I" = 40' seal.. The plans will show Caltran.
S!3Jldard sign cedes and stripi.1g detail numbers.
b. Traffic Control Plan, ~nni"e the strategy for construction of
the widening project. Based on that !ttategy. propare • traffic
control plan 10 direct traffic during construction. Appropriale
delineators .",lIor temporary striping will be recommendal.
The products pr<pared in "~is WI. will be integrated into the Construction
DocuffiClts described below.
6. Flow Calcplations. for Storm Drainage Desiw
The follOwing tasks will be conducted 10 delennin. stonn drainage
modifications relating to eiliting culverts crossing the roadbed.
a. Meet with CitylCounty to obtain cri tetia for design of storm
drainage system.
b. Review available plans.and calculations for existing adj3cent storm
drainage racilities (supplied by o"".r;;) for evaJua.:ion of tie-in to
existing system.
c. Update calculatiO/lS to check fa< available capacity in e,,"sting
adjacent sysrem(s) to receive additional runoff.
d. Calculat. runoff from project area.
e. Calculate size and grades of required storm drainage system.
f. Prepare drainage report summarizing the criteria, assumptions, and
calculated results.
n\sj\Oll99390\wp.. .. 1 \scope.r3
REVISION 13; Nm'emha 5. 1993
hhi~it A
Basic Services
Page !9
7. Omwuc1ior Documents
F'ma! ccnstru<:tion docu",ents will be pr~ ba.scd UJ'Ofl writu!n approval
of the preliminary documents de;(;ribed, in three stlge5 of ccmpletion:
50%,95%, and tOO!ll. Construction docu!I1f:11ts ",m precisely depict:
Roadway alignment
Righl-of-way boundaries, existing and proposed
Limits of improvements
Typical road widths, p3vemfnt sectior.s and tra..nsitiMS
Signing and #.pillg
S torrn drainage
Traffic contro! and construction phasing
Mitigatioo or replacement planting
Coostruction delan.
Quantities
• Special Previsions 10 !he Cily StMdard 'pecification •.
.. 50% Pla.,., Specification., and Estimate (50% PS&E): The 50%
documents are envisloned as iii compJete. unchecked version of final
documents, and will include the following elements.
(I) Plan. w'.JI be pnopared based on example plans supplied by
the City, and will include the following:
(a) Title Sheet (I sheet)
(b) Geometric COIltrol (3 shee" @ I" =4(]')
(c) Typical Sections (I sheet)
(d) Improvemenl Plans (plan!ProfiJe) (6 sheets @
I" =20')
(e) Con_ction Staging Plans (I sheel @ 1"= 100')
(I) Signing and Stripll\g Plans (3 sbeets @ I" =40')
(g) Quantities (2 sheets)
(h) Mitigation Planting Plan. (6 sheets @ I" =20')
(i) Abbreviations,Legend, Del>.i15and Notes (3 $beets)
TOTAL (Estimated): 26 sheets.
n\sj'OII99390\wp5 !\scope.r)
REVISION 1f3; November S. i993
Exlubit A
Basic Services
Pa&e20
N",.e !hal item (b) .. as estimated assuming plantings fOl the
fuU project limits, to mitigate impactS caUled by
OOIl5IrUCtioo •
(2) Specifications will consUl of technical special provisions for
each bid hem, which ,,>iU reference and amend the City'S
Standard Specifications, based on Cil)l provided examples
of SjleCifitauoos and specW provisions from OIlIer rclevant
job5.
(3) Opinion of Probable Construction Cost will be prepared
shewing, for each bid item, estimated quantil)l, unit cost,
and extended cost. This will be a spreadsheet prepored
using 1-otus 1-2-3.
6 sets of PS&E will be submitted to the Cil)l for disnibutioo and
11Me\\'.
Back-up calcuWioos, criteria, and findings relating to the basis of
preliminary design will be prq>ared and submitted ;" 3 copies.
If, during Scope of Work Confirmation, additional plans or otber
requitemenu are det=nined, such requirements will be COIlSidered
additional serviCl!S.
b. 95 % Plans, Specifications, and Estimate (95,. PS&E): The 95 !II
docu ments are en.visioned as complete, checked documents for fir..aI
review and approval by U,e City. Following receipt of a single,
unified and cros.s-eheded set of written review comments and a
single, unified set of red-marked PS&E from the City, the
Consultlnt will review all comments and prepare written responses
for resolutioo before proceedmg with revisions and production.
(I) Plans will be revised and include the following:
(al Title Sheet (I sheel)
(O) Geometric Control (3 sheets@ 1"=40')
(c) Typical Sections (I 'heet)
.~\Oll99190\"¢ 1 ""'P."
REVISION #); November S, 1993
Exbibit A
Basic Services
Page 21
(d) Improvement Plans (plan/Profile) (6 sheets @
I"Q20')
(e) Construction Staging Plans (1 sheet @ 1"=100')
(t) Signing and Striping Plans (3 sheets@ 1"=40')
(g) Quantiti .. (1 shW.s)
(h) Mitigation Planting Plans (6 sheets@ }"=20')
(i) Abbreviations, l1gend, DouHs and Notes (3 sheets)
TOTAL (Estimatoo): 26 sheets,
Note that item (b) ""as estimated assuming plantings for the
fun project limits, to mitigate impacts caused by
construction .
(2) Specifications will be revisOO'" reflect resol.oo comments,
(3) OpirJoo of Probable Construction Cost will be revised to
reflect resolved comments.
(4) Preliminary bid documents, prepared by the City, will be
combined with the specifications for publication as a whole.
6 sets of preliminary bid documents, including PS&E will be
submitted to the City for dis~ribution and review.
Back-up c.aleu14liOl1s, criteria, findings, inclUding construetioo
Cf'OS!·sections at 5O-foot spacing, relating to the design will be
prepared and submitted in 3 copies.
If, during Scope of Work Confirmation, additional plans or OIher
requirements aredetennined, such Rquirements will be considered
additional services.
c. 100% Plan" Specifications, and Estimate (100% PS&E):
Follo¥oing receipt of a single, unified and: cross-checked :set of
written review commen t.s and a single:. uni tied set of red-marked
PS&E from the City. th~ Consultant will review all comments and
nlsj I Oll99390\wp.5I\scopc.rl
REViS!ON "3; Nover1'ber S, 1993
E1JIibit A
Basic Services
Page '22
prepare writWl responses for reso _tion before procee<ling with
re\'isions and prOO:uction.
(I) Plans will be rcvise<l and include the following'
(a) Ti~e Sh<e! (I sheet)
(1)) Geometri<: Control (3 sheets @ ." =40')
(e) Typical Sections (l sbeel)
(el) Improvement Plans (plan/Profile) (6 sheets @
I" =20')
(e) Construction Staging Pians (I ,,~ee' @ I" = 100')
(f) Signing and Striping Plans (3 sheets @ I" =40')
(g) Quantiti .. (Z sheets)
(h) Mitigatioo Planting PIans (6 sheets @ I" 520')
(iJ Abbrevialion>, Legend, DwJls and Notes (3 sheets)
TOTAL (Estimated): 26 sheets.
NO/e tha, item (h) was estimateO assuming plantings for the
full project limits, to mitigate iropac's caused by
COI\SttUo...."'"tloo.
(2J Specifications will be =ised to reflect resolved oommenu.
(3) Op'.nioo of Probable Constructicn CoS! will be revised 10
reflect resolved commenlS.
(4) Final bid document>, prepared by the City, will be
combined \oVith the specifications for piolb[ication a5 a whole.
10 sets of bid documents. including PS&E, will be S'Jbmitted for
approval by City staff. Following approval, ISO sets of plans, I
camera·ready cop-j of SPttifications, and I copy of the opinion of
probable coostruction COOl will be submitted to the City for
dLs:noution.
Back-Up calculations, cnt.ena, findings, iodudir.g rons.truction
cross-sections at 5O-foot spacing, relating the de'ign will be
,;: .
ll\sj\01199300\wpS 1\5copc.r3
REVISION 13; NQ\lembcc 5, ]5193
Exhibit A
Basic Services
Page 23
prepared and submined in 3 copies.
If, during Scope of Work Ccmfinnation, additional plans or other
requiremenrs are determined, such requirements would be
con.id<red additiOl1al services.
8. Awroval Moetin"
The consultant will prepare fOT and attend three (3) meetings to present the
findings of Lie ('..<lOSlruction Documents Phase. The objective of this IaSI<
i. to present and gain approval from City .. ",ff on the projecl The first
meeting is eTJVisioned at the 50% level of completion, the second at 95~,
and the third at 100%. when Council authorizes bids to be issued.
Consmwu ""ill prepare exhibits from copies of project deliverables for
these meetings (I.e., no new or special exhibits are reqL!ired. for these
meetings).
9. Bidding Phil$!! Ser.rice.;
During L"e bidding phase, the ConSllltanl will be avail2bl. to wist the
City, at the request of the City, to clarify Lie intenl of the design
documents. The budget for this p/lase is based OIl .. , estimat<d !lidding
p/lase period of 16 weeks, from completioo of 100% documents to awan!
of contract, and an allowance of 6 person·hours per week, plus 8 pel"liOl1-
bours to prepa.--e for and at"~ one pre-bid meeting. The fonowing ilems
will be conducled al the request of the City. When this phase commences,
L~e scope of WOT' will be reviewed witi1 s:aff; it may be necessary to
adju~ the time and expenses budget at that time.
•. Respcnd to de$ign question, from the City through ielephone
communication or wrinen addenda_
b. Prep<:re addenda '0 clarify or modify the design documents, at the
request of the City_This ttsl< may require additional servi=
depending on the nature of the design issue_
c. Attend one pre-bid meeting.
n\sjIOll99390\wp5I\scope.,1
REVISION 13; November 5, 199.1
Exhibit A
Page 24
I
I
E. Construction Phase
During the Construction Phase, the Consultant will be available ", a.<sist !he City,
at the ""lues! of the City, to Clarify the intent of the design documents according
10 L'>e provisi01lS of !he Agreement. The budget for this p~.ase was estimated
baS«l on a row estimated cor.struotion phase periOO of 3Ii wet'ks, from award of
coostruction 10 completion of construction, and an alloa'anCe of 8: person-hcurs
per week. plus biweokly site person-visits, plus ~y proj~ site person
meetings, ~ following items will be oond"cted, on a time aml expenses basis
regardless of tbe schedule of construction. at the ""Iuest of the City. When this
phase commences, the scope of work will be reviewed with staff; it mciy be
oecessa..-y to adjust the time and expenses budget a: that Ii me.
1. Attend the pre-ronstruction m=eting.
2. Respond 10 design questions through telephOlle communi<ation oc written
addenda.
3. Attend weekly project meetings at !he site to discuss outstanding issues.
technical clarifications, and on-going work.
4. Prepare and di.<tnbute meeting minutes 10 all parties.
5. Review shop drawings and project submittals for specification and
construction documenl compliance.
6. Review :requests for information and change ordm.
7. Prepare record drawlngs and subrrut in hard ,opy and electronic media &S
qUoiHfied in this Agreement.
n\.sj\OI199390\wpSl \scope.r3
REVISION #3; November S, 1993
.'-,'
. ,",,,"
Exhrbit A
Bas!c~
Page 25
U. PAGE MILL ROAD/FOOTHILL EXPRESSWA Y INTERSECTION
A. GaleIal
1. PtoiCQ PcxriptiQO
The objective of the project is to impro\le L'le intersection Level or Service
(LOS) by increasing the number of left tum Ianes, adding ,",elusive right
turn lanes, and modifying the signal and signal pllaSing. Specific
imp",,-.ments to be as follows:
Specifically for Page Mill Road:
From the West:
add a second left turn lane;
• mod!fy the existing exclusive right turn lane by instituting
• bicycle lane;
From the East:
add a second left tum lane:
• add an exd LLSive right tum lane and bicycle lane;
Specifically f'>f lWlipem Serra:
modify the existing ex:clusive southbound rigbt turn lane
and add. bicycle lane;
Specifically fo< Foot!H!1 Expressway:
• add a second jeft tum lane;
modify the elisting right tum and add • bicycle lane;
• lengthen the southbound acceleration Iar.e and add a bicycle
lane.
General:
• remove 3 of the 4 traffic islands;
relocate and upgrade traffic signals, modify and impro\le
a\sjlO i 199390\v.rp51 ~t3
REVISION '3; November S, 1993
Exhibit A
Basic S=1=
Page 26
!he signal operation by changing pt ... ing from 6-phase to
8-po ....
mooi fy =t lighti ng system at inte"rsectior •.
Plans, Specif>eations and Estima:e, (PS&E) "'ill be prepared by Consultant
in conformance with applicable City of Palo Alto, County of Santa CI.ua,
and State of California Standzrd Plans and Standard Spec;ficatioos. Pia."
will be prepared in AutoCAD version 12 llSioS City of Palo Alto drafting
criteria, and filTnished in electronic media to <IDt:tlment this project only.
not for otheT use, as descnbed and qualified in S«tion 4 of !he
AgreernenL
Text documents including specifications inputs wiil be prepared us:ng
Word Perfect 5.1. and furnished in reproducible and electror';c media.
The City will p~ >Ii bid documents. and administer !he =tion
project. inciLiding bidding and management. Consultant wiJi:assist the City
during Bidding and COIb'lrur.tion Phases as <Ielailed be]<>w_
2, Wgri< PeU\luDI;d by Ci~
a. Permit application and processing. including p"";eny entry
b. Public meeting scbedul .. and mailers
c, Advertising and award of constnK:tion contract
d. Acquisition of right-of-way and propeny
e. Utility coordination, agreements, and construction permits
f. Coordination and correspondence with State and Federal Agencies
regarding funding approvals
3_ InfO!!!ljltion S"l!l!ljed by City
3. Copies of ·as~uilt" drawings
b. Existing Right-of-Way maps
c. Existing utility information
d. Bid documents and general provlsi.:lns
e. Standard Specifications
{, Off-site bydrology information
g. Existing survey data
'\silO I 19939010.p3: 's,,,,,..,3
:RE\1SION 13; N-ovembeT 5. 1993
ExhIbit A
Basic Services
Page 27
h. Title repons
i. Design Criteria.
j. City titie block in AulOCAD •. 12
k. Example bid documents from s.imilar City projec~
-'. Exe1u.s]Qf)S
a. Hazardoos waste and cultural investigations and remediations
b. Penni£ application fees
c. Landscaping and irrigation design
d. Utility potboJing
e. UtiliiY relocatioo desigil services for ihird part)' facilities
f. Services in roMection with any p'Jbllc hearing not specifically
identified her6n
g. Services in connection with a.'y arbitration or !ega:! proceeding,
except "'here the Con sultant is a party L~ereto
h. Any otller services Dot otherwise specifically included in tl'Js
Agreemenl
B. Preliminary Design Pilase
ConsuJlanl shall perform !he foUowing tasks.
1. ~ of Work Confirmation
The Consultant and staff will conduct the project initiarion meeting after
notice to proceed. The ob}ectives of this meeting will be 1), to revie~·.
refine, and confrrm <he &ope of Work and schedule for the project; and
2) establish basis fOi design cri:eria, pian (onnat, spetificatioa format and
bidding basis. opinion of probable cost fonnat. billing forntlt, and
communication protocol. Wrinen minutes of the meeting: aloog with
re\;sed scope language will be prepared to document the meeting.
2. TPPOfflphic and Boundary Surveys
a. Confirm limits of survey. photogrammetric control requirements,
and sel pholo control.
"-
•
ll\.sj lO I I 99390\wpS I \scope. Tl
REVISION "3; November S. 1993
. "; .,
Exhibit A
Basic Services
PagelS
b. Conduct field survey to supplement photogrammetry, and J'T1'P"fC
• I" = 20' scale, I-foot contoor map for planning and engineering
the ?RJiect improvements. The budget for supplemental Sll!Veying
is approxiJl1lltely two day, of 2-pe""'" field crew and one day of
senior designer (AutoCAD input).
c. Boundary Survey: Conduct boundary fteld survey of up to six
pan:els of land (estimated as 2 for Hetch-Hetenl' easements, and I
for each quadrant of the intersection, with the understanding that
S""'fard owns all lands adjacent except the Hetch-Hetchy f:!cility).
Based on the survey, establish the boundary lines that will be
necessary for the preparation of 1egal descriptions for right-<>f-way
acquisition. Boundary plots will be prepared, and the rigbt-of-way
lines will be added to base sheets.
3. Soils lnvesti ration
To provide the design information required work for the proposed Page
Mill Road/FootItill Expressway improvements wiD be as follows.
a.. Review available data on existing pavement section. assess existing
pavement perfontWlCC, and assess surface drainage conditions
This task will be conducted using available as-built drawings from
the County.
b. Selectively sample anticipated pavement subgrade materla! for R
value testing. It is e'Xpected that samples wili be taken at
selected locations depending on soH consistency and the reslJlts
from coring.
c. Perform R~va1ue testing on selected on-site soil samples.
d. Design and =ommend overlay thicknesses and alternate structural
pavement sect.ion~ based on Traffic Inalccs esbbIished in
oooperation with the County of Santa Clara. for fill areas, provide
pavement alternatives for a soil subgrade: constructed using native
soil as well as for assumed R-vaIues. of import. as necessary .
• ~\o119939O\wpSJ\=p ... 3
REV1S10N I); November S. 199)
Exhibit A
Basic Services
Page 29
c. ~ geotechnical recommendations for site prepanWon, grading
and compaction or the pavemer.t subgrade.
f. Prepare a wrinen report 5urnmarizjng findings and
recommendatior.s fot alternate ","ehicie pavemen t se<:tions.
4. Environmental A$.#$Cssment
a. The Environmental Assessment ",ill be prepared by David 1.
Powers and Associate.s, and fonnatte.d [0 meet me r:quirements of
NEPA and the City of Palo Alto, ;,nd ,,'iil include a project
description, environmental che.:klist, brief description of the
environmental setting, deseription c(potentiall y significantimpocts,
and id""tification of proposecl mitigation. The Envirorunental
Assessment will be .. bmi tted 10 the City of Palo Alto staff and
Caltrans for review and comment
The areas of anticipated anal ys.is a.'1d di SCUsslOD in the
Environmental Assessmenl ate descn'bed below.
(I) Project Descrip<ion: lb, proposed intersection
improvements will be descn Oed based upon design
information provided by Nolte and Associates. Project
plans will be presented. In addition, the project objectives
will be descn'bed.
(2) Lar.d Use: This section will address the land use impocts
2.SSO\."iated with right-of·way acquisition from private
property owners for the proposed roadway widening. This
section will also address the impacts from reiocatioo of any
utility lin ...
(3) Traffic: The Environmental Assessment will descnl>e the
traffic conditions oc Page Mill Road/foothill Expressway,
based on • traffic study prepared by Patterson Asrociates.
This section will provide existing daily and peak hour
traffic volumes for tilt 5ubj~1 intersection. This project is
proposed to reduce congestion during the PM peak hour;
a\sJ\OI 1 99390\wp51 Uocope.d
RE'r1SION 13; November S. 3993
ExhibifA
Basic Services
~30
therclcre, no traffic impacts are anticipated.
(4) Air Quali.y: Th. Environ menial Assessmen. would irIClude
• project-level carbon monoxide (CO) analysis prepared by
subconsultllll M O'C Physics Applied, as required under
MTC Resolution 2270. This CO analysis woold quantify
CO COI\Ce!lttatior.s at the Page Mill RoodIFooUtill
Expressway inter>ection. [1. is possible thaI the project
may be eligibie fer .. If-<:ertification umler 110.0 mc 2rlO
guidelines. If it is delennined afrer consultation with MTe
!hal the project would qualify for self-<:ertification, L~en the abo,. CO analysis would Dot be performed.] This "",tioo
would also address the short·term air quaIily (dust) impacts
resulting during collStrUCtion of L~e projec' and provide
appropria~ mitigation.
(5) Noise: The Environmenlal Assessment would include a
noise analysis for the proposed intersection improvements,
prepared by M O'C Physics Applied. This section would
quantify the existing noise levels at nca1by sensitive
recepro. ... (i.e. the residential uses at the northeast comer of
Page MilUFoolhill). The noise analysis would project the
("lure oois< Jevels resuIting f.om i:nplemenlalion of the
proposed intersection impfOYements and assess the potential
noise impacts. Appropria~ mitigation would be i<lentified
for any signi fiant noise impacts.
(6) Cullura! Resources: A cuitucal resources in vestigaliOll will
be performed by the City (per Addendum 12 to the RFP).
(i) Geology/Seils: The geologic and seils conditions in the
project area ... ill be descnl>ed, based on information
provided by TerraleCh Inc. The potential geologic impacts
associattd with the project will be assessed, including
unusual soil conditions, erosion, and .seismic: hazards.
b. The draft documen, will then be reYised based upon written
comments and resubmitted 10 Caltrans for public circulation. After
%)\sj'C I I 9939O\wpSl \scope.r3
REVlSION 13; Novembed, 1993
ExhiOit A
Basic Setvices
Page 31
completion of the 3O-day public circulation period, Powers will
prepare written responses to any comments received 0.., the
Environmental Assessmen[ and submi: them to the City.
S. Traffic Engineering
The design of the traffk: ggnal modifications and pavement markings will
be preparre by Patterson and Associau:s, and will melod. the followL.g
tasks.
3. Gather Data: The fol!ov.ing informauon will be gathered.
(I) Design standznls and guidelines
(2) Ao-b"ilt tr.<ffic sigoal plans
(3) Pertinent I!afflC studies
(4) Available traftk counts
b. TraffIC Counts: PanersOD Associalei wLii conduct 24 hour machine
OOlints (for four approaches). and peak hour (a.m. and p.m.)
turning molJemerH counts. These counts will be used for
mviromnentaI assessments. The: data needed for air quality
calculations i:>elUile:
(I) UI.'IeS per approach
(2) Vehicles per lane per signal cycle
(3) Vehicles delayed per Jane per signal cycle
(4) Jdling time at the stop line
(5) Cruise speed
(6) Constrained volo me.
(7) Estimated future (2010) volume"
The Consuita.", will <ont.1ct the County to obtain existing model
outputs for a.m. peaK hour and dlll1y traifie levels for year 2010
(1'2010 Coogestion Management Plan), or the Congestion
Management Agency. to obtain pertinent exi sti og data on future
forecasts. With this information, the Consuitant win estimate
future (2010) v.be' for the above variables. If suitable future
forec:aslS are not readily available, additional services will be
nl.sjIOll99390\.,.,-pS l\scope.rl
REVTSION 13; Nuv-mbcr S, 1993
Exhibit A
l!asic Servi<:es
Page 32
required tu develop such: data. This :scope assum~5 no formal
lrafTlC fo=sting or modeling.
c. Geometries and Alignment: OutHne pti'lject geometries, lane
assig!1me~ts and alignment Proper ttadsitior. between existing
lanes and new lane, ,.ill be primary focus of the review. WB-50
tn,ck turning templates will be used for all turnir.g r.u!ii, especially
the radii of the dual left tu m lanes. Alignment of through Ianes
and crosswalk, and curb ramp locations ~ili make sure that signal
operations and pedest.-ian .. ,d vehicle trame will be handled
efficiently and safely.
d. Preliminary Design: A conceptual trnfIic signal plan will be
produced. The plans will depict an 8 phase quad left turn trnfIic
signal operation. Left rum signals will be .. ~own mounted OIl
signal mast arms. Proposed striping will be ,hown, including the
guide 5Iripes for the dual left rum movements ihrough the
intersectiOil. 11-", placement of all lrafTl<: signal hea.1s for the dual
l~ft turn movements through the int=tion will be included. The
placement of all traffic signal poles as well as the locati<m of the
cootroner and detector loops will be shov,,'D on this submittal.
e. Traffic Engineering Report: The results Qf Tasks B.S.a. -B.s.c.
will be dOCllmented in a report
The design irems noted above will be incorporated into the Preliminary
Design Documents discussed below.
6. Flow Calculations for Stenn Drainage Design
The following tasks will be conducted to define drainage mOOifications
required for the existing drainage system at the interSe .. "'tion.
a. Review available plans and cakullltions for existing adjacent stann
drWage facilities (supplied by others) for evaluation of tie-in 10
existing system.
b. Update calculations to check for available capacity in existing
ol.sj\O 1199)9Q\WJ'.51 \scope.r3
REVlSJCN #3; NO'IIcniber j. 199]
Extibit A
Basic Se:vices
Page 33
adjacent system(s) to receive additiorW runoff.
1;. Calculate runoff from proj ect a..~.
d. CaJcula Ie size and grade< of required stonn drainage system.
e. Prepare drainage report summarizing the criteria, assumptions. and
alculatod =115.
7. Pmljmjrtary Design Plans, SpeclfigtiQns and Estimate flQ% ~
Based upon the traffic study review. environ men tal assessme:Jt, topograph y
and right-<>f-way swveys. Nolte and Associates will prepare a preliminary
tle3ign pack3ge gcner-.Jly consisting of the following elements.
a. PlaIls:
(I) Improvement Plan: The 20-sca!e pia." will "SO an aerial
planimetric as a ba.ve, and win show existlng toDditioos,
new roadW2)' geometries and alignments, existing and
proposed right-<>f-way acquisitions with a"Joi.~ing properties
shown, and approximate new improvements including
striping.
(2) Sig,-w PlaIl: The 2O-scale traffic signal modification plan
WIll generally show the new signal Layout on an aerial
planimetric base.
(3) Construction Staging Flail: A 40-scale plan for ",nstruction
allowing c{)ntinuous traffIC and signal operations during the
construction work.
b. Specifications: OuUine special provisions, which will make
appropriate references to the County of Sanla Clara and Caitr.lns
tecfu-ucal spec;fica.tions. will be prepared along with a proposed
format and numbering scheme. These will ultimately be combir.ed
wirh the City of Palo Alto genera] provisions to create the Bid
Documents.
c\:sj\o l i 99390\<ovp5 l\scope.rl
)tEVIS-ION 113'. Novemb« 5. 1993
Exhibit }.
Basic Services
Pa&e 34
c. Preliminary Opir.ion of Construction Cost Onler-oF-magnitU<le
a"~ate system costs will be prepam! For major items of
const.ruction, along with a prelimillary work breakdown~ and
reviewed witll City ,taff. A preliminary opinion of probal>le
con.str",tion cost will tllen be prepam! t.!se<I on tile approved
aggregate unit C(b~.
Back-up caiculations, criteria, and finding. relating to the basis of
preliminary de,ign will be prepared and submiUed in 3 copies.
8. COmmynity JJaj!iOD
Hardesty and Associates will ",hed"!. and attend ~~ree (3) meetings ",til
the Cca.sultanl project manager or project engineer. 10 inform community
members abcut the project, and seek f'!edb"k. This will involve
pr""",uation of the exhIbits prepared ~, Task B. 7 .a. (I) above to the
following agencies or groups, and will culminate in a brief summary report
of findings.
.. Stanford University Planning Department.
b. Stanford Industrial Park.
c. Frenchman's Hill Homeowners' Association.
9. Pre1jmjn;JTY Design Rmm
A preliminary design repon summarizing tile finamg' of the above tasks,
and enclOSing L~ 10% PS&E, will be prepared in 5 copies for SUlff
review. Written comme:lts on the dr.JIt will be incorporat:'.d into the final
rep<>rt and submitted in 10 copies foc presenlation to City appro,'a! t'Odies.
'l'1m report wiD provide the basis for approval 10 move fotwaro into L'>c
Construction Documents PGase.
10. hpmPY!J Mretings
The consultarlt (with subconsulta.,ts) will prepare ior and attend three (3)
meetings 10 preselll the findings of the Preliminary Design Phase. The
objective of this task is to gain approval from tile City to carry forward to
Con.sttuction Do;:u.ments PhMe. The following tASks are induded.
n\sj\Oll99390\wp51 \scope. r3
REVlS[ON 13; November 5. 1993
Exhibit A
Basic Services
Page 35
a. Presentation Materials: After confinning formal requirements with
City staff, the cnnSllltanl will;>repore one (1) cnlort<l set of plans
for '"" proje<:[ (six (6) sheelS), and flip <harts with bullet
,"mmaries of key project elem""ts (approximately 5 pages).
b. Attend Meeting>: The co,,,,ltan, will attend three formal approval
meetings ttl make formal presentations of Preliminary Design
Phase.
C. Constructiro Documents P~.ase
After City approv,a] is granted to conduci the Construe tic., Documen ts Phase, tlIe
following tasks will be performed by the Consultant. The Construction
Documents ..-ill be prepamj in three .. .ages of completion; 50%, 95 %, and
100%, tv precisely lay OIIt th. construction necessary for the proje.."'t.
Construction Documents will depict the following.
• Roadway alignment
• Right-<>f-.... y boundaries, existing and proposed
I!etch-Heu:hy facilities
• Eristing utilities
• LimilS of improvtmenl$
• Typical road widths, pavement sections and trans.itioru
• Signing and StriP'dlg
Traffic signal modification,
Street lighting modifications
Stann drainage modifLcations
Traffic contro[ and consttllction ph.i:uing
Construction details
• Quantities
• Special Provisions to the City Standard specificatior.s.
1. 50% Plans Specificatjons and E:;rimate (50% PS&El
1k 50% documents are emisioned is a complete, unchecked versiol! of
final documents, and will include the following elements.
a. Plans will be prepart<l based an example pi,,", supplied by the
n\sj\Oll99390\YvJlSll&:.ope.r3
REVISiON 113; Noven-w S, 19903
E><hibit A
Basic Setvi=
Poge 36
City, and will i..,clude the following:
(I) Title Sheet (I !:heet)
(2) Geometric Control (I sheet)
(3) Typical Section s (l sheet)
(4) Improvement Pla.1S (5 sheets @ 1"=20')
(5) Construction Stagi"g Plans (2 sheets@ '"=40')
(6) Signing .,,& Striping Plans (2 sbeets @ I" =40')
(7) Quantities (2 shee-.s)
(8) Traffic Signal Modification Plans (2 .. ieets; pi"" @ I" =20'
a.,d soho.iules)
(9) Street Lighting Modifications (I sheet @ 1:=40', I detail
sheet)
(10) Abbreviations. Legend, Details and NotfS (3 sbeets)
TOTAL (Estimated): 20 sbeets.
b. Specifications will coosiS! of technical special provisions for each
bid item, which will reference and amend the City'S Standard
Specifications. based on City provided • .ampl .. of specifications
and special provisions from other relevant jobs.
c. Opinion of Probable ConstrJCtioo Cost will be prepaml showlng.
for each bid item, estimated quantity, unit COSl, and ",,/ended 005t.
This will be a spreadsheet prepared using Lotus 1-2-3.
6 setS of PS&E will be submitted to :l>e City fur a,stnl>ution and review_
Back-up calculations, criteria, and findings relating to the basis of
preliminary design will be prepored and submitted in 3 copies.
if additional plans or other requirements or: idenrifio.i, such .. landscaping
or earthen berms ~ such requirelmJlts will be considered additional services.
2. 95% plans Specifications., and Estimate (95% FS&E.)
!be 95l! documents are envisioned as complete. checked documents for
final review and approval by the City. Followlng receipt of a single,
D\sj\01199390\wpSi l\scope.-rl
REVISION i'); NO'iember 5, )993
Exlnbit A
Basic~
Page 37
unifled and cross-<:hecked set of ",Tilten review comrr.ents and a single,
unified set of red·matked PS&E from the City. the Cons.ulta..1t will review
all comments and prepare written responses for 1'tsolution before
proceeding with revi.sions and production.
I. Plans will be revtsed and ioclude the following:
(1) Title Sheet (1 sheet)
(2) Geometric Control (I .heet)
(3) Typical Sections (I sh",,)
(4) Improvement Plans (S sheets@ I" =20'), including plo<ta:l
profiles of new edges of pavement and lOpS of curb
(5) ConstnJction Staging Pians (2 sheets @ !" =40')
(6) Signing and Striping Plans (2 sh""ts @ I" =40')
(7) Quantilie:i (2 sheets)
(8) Tralnc Signal Modification Plans (2 sheets; plan @ I" = 20'
and schedules)
(9) Street Lishting Modifications (I shee!@ 1:=40', I detail
sheet)
(10) Abbreviations, Legend, Details and Notes (2 sheets)
TOT At (Estimated), 20 sIt"'t •.
b. Specifications will be revised to reflect resolved comments ,
... Opinion of Probable Constru<:tion Cost will be revised [0 re: fleet
resolved comments.
d. Preliminary bid documents, pnepa."ed by the City, will be combined
with the specifia.tions (or publication as •• ,hole,
6 sets of preliminary bid documents, including PS&E will be submitted to
the City for distribution and review .
.Back-up calculations, criteria. findings, including construction cross
sections at 50-fOO! spacing, relating to the design will be prepaned and
submitted ill 3 copies.
n\sj\OL 199190, ..... pSI ~pe.rl
REVISrON '3; November S, 1993
Exhihit A
Basic Services
Page 38
If additional plans or other requirements are identified. such requirements
will be considered odditional !e1'Vices.
3. 1005 Plans SwcifkatiQDs and Estimate (]OO% PS&E)
Following receipt of • single, unified and c"",-cheeked set of written
review comments an<l • single, unif.ed set of reJ-nw-ked PS&E from the
City, the Consultant will ",,,ie,,' all comments and prepare written
mpon"" for resolution hefme P!lXeeding with revisions and production.
a. Plans Vt.~ll be revised a:::Q include the following:
(I) Title Sheet (I ,_)
(2) Geometric Contro1 (I slleet)
(3) Typical Sections (I sheet)
(4) Improvement FIan, (5 sheets @ 1'~20'), includingplctted
prom .. oj .ew edges of pavement and top, of CUJb
(5) Constructioo Staging Pia. .. (2 ,hee'.s @ I" =40')
(6) Signing and Stripm, Plans (2 sheets @ l' =40')
(7) Quantities (2 ,heets)
(8) Tra.'TIc Signal Modification Plan, (2 sheetS; plan @ 1" ~2C'
and schedules)
(9) Street Ughting Modification, (I sheet @ I: =40'. I cIeWl
sheeI)
(10) Abbreviations, Legend, Delans and Notes (2 sheets)
TOTAL (futi n1ated): 20 sh""ts.
b. Specifications will be revised to reflect re.sol\'ed comments .
c. Opinion of Probable Con,truction Cost will he revised to reflect
resolved comments .
d. Final bid documents, Prepa1ed by ~~e City, will be combined with
the specifications for pUblication as a whole.
10 sets. of bid documents, inciuding PS&E. will be submitted for approval
by City staff. FollOwing approval, 150 sets of plan" 1 camera-l103dy copy
1l~I.C: iY9390\""P5 I \scope. r3
REVISiON 13; November 5, 1993
Exlnbit A
Basic Selvices
Page 39
of speciflCal'OIlS, and 1 copy of the opinion of pro;able oonstrbction cost
will be submitted to the City for distno lltion.
Back·up calculations, criteria, finding§" including constr.;ctioo cros.s
sec:ti<XIS at 5O-foot spac1ng. relating 10 the design will be prepared and
,mbmltte<! in 3 copies.
If additional pla."15 or other requirements are identified, such requirements
will be cot,sjdered additional servic<:s.
4. Awrqya1 Meetings
Tho consultant (with subconsultants) w~l prepare for and attend three (3)
meetings to present the findings of the: Construe tior. Documents Phase.
Too objective of this task is to present and gain approval from City staff
on the projecl The first meeting is envislor.ed at the 500;;; level of
completion, the =ood at 95~, and tlu: third at 100%. wilen Council
authorizes bids to be issued. Consultant will prepare exhibits from oopies
of project deliverobles f", these meetings (i. e., no new or special exlubits
are required for these meelings).
5. Bj¥jng Pha::,e Seryjg;$
During the bidding phase, tbe Coosuitanl will be available 10 assist the
City, at the request of the City. to clarify th< intent af the design
documents. Tho budget for !hi, phase is based on an estimated bidding
phase period of 16 weeks, from completion of 100% documents to award
of contr:!ct, and an allowance or 6 person-hours per week, plus a person
hours to prepaie for a..'ld attend one pre-bid meeting. The fonowing ite..?t1s
w'J1 be conducted oX the requeS! of the City. When this phase commences,
the scope of work will be reviewed with staff; it may be "=saT)' to
ad] uSI the time and expenses budget at that time.
a. Respond 10 design questions from the City through telephone
communication or written addenda.
b. Prepare addenda to c1a.oify or modify the design documents, at the
requeSl of the eil)!. This task may require addirional services:
n'l_'.J .... ,OI199390\wp5I\scope.r3
REV1SION '3; Novemba" 5, 1993
Exhibit A
Basic Se:vices
Page 40
depending on the nature of the design issue.
c. Attend one pre-bid m~ting.
D. Construction Phase
During the Construction Phase, the Consultant will be available to assist the City,
at the request of the City, to clarify the intent of the design documents according
10 the provisions of tile Agreement. The budget for this p~ase " .. as estimau.l
based on • total estimated construction phase period of 36 weeks, from award of
construction to completion of construction, and an aJlowance of 8 person hours
per week, pillS biweeldy site person-visits, plus weeldy project site PO"""
meetings. The fonowing items will be rood u..::ted. on a ti me and expenses basis
n:gardless of the schedule of ronstruction, at the re<juesl of the City. When this
phase com""",=, the srope of won. will be r .... iewed with staff; it may be
n<a:ssary to adjuS! the time and eJlpenses budget at that time.
1. Attend dle pre-constmction meeting.
2. Respond to design questions through telephone cornrnllnication or \1tr-ntten
addenda.
3. Attend wceldy proj«:t meetings at the sil. 10 discuss cutstanding issues,
IeClmical clarifications, and on-going work.
4_ Prqme and distribute meeting minutes to all parties.
5. Review shop drawings and project submittals for s.pecification: and
construction document compliance.
6. Review requests fGr information and change orders.
7. Prepare record dfii..wings and submit in bard copy and electronic media as
qualified in this Agreement.
nlsj'.Oll99390\v.rpSl \scope.r3
REVISION 13; Novembu S, 1993
HXHIBff A-I
PRomcr SCHEDUU!
1m Trancos Rood and Poge MillIPoodtiO E!Jtpt\:4SWlly Inlersoclion Impmvement.s
I. LOS TRANCOS ROAD
A. Conceplual Plan Phase
I. Scope of Work Confinnalion
2. Pield Review
3. Soils Jnvestigatioo
4. EnvitOllmental Assessment
~. Traffic Engineering
6. Concept"al Align",ent Plan for Altemalive A
7. Conceplual Plan Report
Review
8. Approval Meeting.
SCHEDULB IN CALBNDAR WBBKS
ruKr ElW.sH WTRATION CUMU!.ATIyR
o I I I
I 4 4 4
4 8 4 8
4 8 4 8
4 8 4 8
8 12 4 12
\0 12 2 12
12 14 2 14
14 18 4 18
B. Preliminary Design Phase
I. Scope of Work Confirmatiol'l
2. Topographic and Boundary Surveys
3, Environmenral Assessment
TO BE SCHEDULED ~~f !fI/!ti, ;!;: ,t;:::'-;~..;:,· . .'
\Ji:... Jl' .II • ;r:. 10.$, .~ • ~ y!i;~~ ~ I' k:.,xt" , '. IT~~}""l\ ~fi.ln'\>.IL(l~ J.
4. Tramc Engineering
5. Preliminary Analysis of Polential Plood Hazard.
6, Preliminary Dc:sign Plans and Eoitimate ~
Two Oesign Allernatives (10% P&E)
7. Preliminary Design Report
Review
8. Approval Meeting.
n\!!j\OII9939O\wp51\!K'McLrJ
REVISION 112 Nmemher:i. 1993
Exhibil A-I
Project Schedule
Page 2
C.
D.
Construction Documents Phase
1. Scope of Work Confirmation
Review
2. Topographic and Boundary Surveys
3. Soils Investigation
4. Environmental ASSC55ment
5. Traffic Engineering
6. Flow Calculalions for Storm Dntinage Design
7. Construction Documents
8.
9.
a. 50\\\ PS&E
Rcvit.w
b. 95\\\ PS&E
Review
c. 100\\\ PS&E
Review
Approval Meering~
Bidding Ph3~ Services
Construction Phase
SCHf!OULI! IN CALl!NDAlI WIlBKS
IiTABl flliWI DlIRATION CUMULAll'lE
TO BE SCHEDULED
TO llll ~CHEDULED
TO IlE SCHEDULED
n'~\OI 199]90\..,,, l\a:hrd.rJ
kEVISJON n November 5, 199)
,
E.hibit A·I
Project Schedule
Page 3
SCHEDULE iN CALBNDAR Wlll!KS
STldIT 1'lNWI!WRA'DON CUMl".ATIYB
I. PAGE MILt ROADIFOOTlULL EXPRESSWAY INTERSECTION
A. Preliminary Design Ph.",
I. Soope of Work Confinnatiou
2. Topographic and Jl()undary Survey.
3. Soils llwe!ltigation
4. Environmental Assc!(!)ment
S. Traffic Engineering
6. Plow Calculations fOf StOl'1l'I Drainage Dt.sign
7. Preliminary PS&E (\0" \'S&I!)
S. Community Uaison
9. PrelinlinBry De.~icn Rcpon
Review
10. Approval Meeting,
B. Construction Documents phase
1. 50% p5&E
Review
2. 95% rS&1l
Review
3. 100% PS&1l
4. Approval Mer-lings
5. Bidding Phase Services
C. Con5lruct\on Pha!.e
0 I 1
1 4 3 4
1 4 3 4
1 ? 6 7
1 4 3 7
1 4 3 7
4 ., 3 .,
4 7 3 7
4 ., 3 "I ., 9 2 9
9 13 4 13
9 11 4 \3
13 16 3 16
IS 20 5 20
20 26 6 26
26 28 2 28
28 32 4 :\1
TO BE SCHEDULED
TO BE SCHEDULED
l\\ .. j\01 \99J9O'."tIl'Sl\idled.fJ
REVISION n __ S. 1')'13
EXHIBlTB
FEE SCHEDULE
Lao Tr.mcos Road and Page Mill!F<>OIhiIl Expressway inlenectioo ImprovernelllJ
I. LOS TRANCOS ROAD
A. Conceptual Plan Phase
I. Scope of Work Confilmation
2. Field Review
3. Soils Investigation
4. EnviroDmen:al Assessment
S. Traffic Engineering
6. Conoep!Ual Alignment Plan far Allemative A
7. Conceptual Plan Report
8. Approv.iI Meetings (Time and Expenses Allowance)
LOS TRANCOS ROAD TOTAL CONTRACT AMOUNT
U. PAGE MILL ROADIFOOTIULL EXPRESSWAY INTERSECTION
A. Preliminary Design Phase
1. Scope of Wor~ Confirmation
2. T<JPOSI3PI!ic ard Boundary Surveys
3. Soils Investigation
4. Environmen:al Assessment
5. Traffic Engineering
6. Flew Calculations for Storm Drainage Design
7. Preliminary Design Plans, Specifications and Estimate
PS&E)
8. Community Uajson (Time and EApenses Allowance)
9. Preliminary Design Report
10. Approval Meetings (Time and Expenses Allo\\-.ru:e)
SUBTOTAL A
$ 1,500
12,000
$2,800
4,500
1,100
10,000
7,000
~
$41,900
$ 3,000
33,000
2,500
19,000
9.000
2,500
(10%
16,000
6,000
5,000
...lUlQQ
$108.000
n\sj\DI 199390\"'PS I \f«:sched.r3
REVISION 112 November S, 1993
Exhibit B
Fee Schedule
Page 2
B. ConstructioIl Documents Phase
1. 50% Plans, Specification., and E:;ti"",re (50% PS&E)
2. 9S% Plans, Specifications, and E:;timate (9S% PS&E)
3. 100\!\> Plans, Specifications, and Estimate (100% ?S&E)
4. ApprovaJ Meetings (Time and Expenses A1low.m:e)
5. Bidding Plwe s.r,i",s (Time and Expenses Allowance)
SUBTOTAL B
PAGE Mll.L ROADlFOOTIULL EXPRESSWA Y
TOTAL CONTRACT AMOUNT
m. ADDmONAL SERVICES
IV. RElMBURSABLES
GRAND TOTAL CONTRACT AMOUNT
S 26,000
26,000
8,000
12,000
IO.QOO
$ 82,000
$190,000
S 25,000
$276,900
...... "IllI!~I~,d
REVISJON 6'1 ~ S, 19P1
f ,
i
i
!
EXHIBIT B-1
NOLTE and ASSOCIATES
CHARGE EArn SCHEDl!l.E
PUo A!to Los Trmeos Road and: Pafe MilllFOOlhiU Exprt6!>"'4'lY lDtersec:lioa Impro .... ements
OFFICI!: DBSIGN AND DJlAfTING
De.ign Supervisor
SeWor Deaiguer
o..;pez
-... Dnf"J'C"O'
Dmtspenoo
Juoi<n-DnfupctIoo
PROf'ESSlONAL
~
s-J&,m=
M"""""
Salior &giDoo<1P1Iomer
AaIo6ate &giDeerfPlam.e:'
__ Eu~,'Plmo<o
Jurii« EDgiMe:rfPlamltr
EzI~ioecrinS Ajde,lPbmni.rIg AJdc
CONSTRucnoN MANAGEMENT
Constructio!:l M~
Raidoot Earl-
A.ssislaa1 Res.ideut Eo,iDoer
SU1lVEYJN(l
ClmfofS"""'l'
3-~ Survey Cnew
2-Penot1 S\tf'\"ey CR'W
ApproaIic:e Survcya<
SERVICES AND EXPENSES,
.Administrative T ecbn:icim
Te::haiaJ Typist
C<>mputer1CAl>D S)'SIemS
PlOUinJ cd !D-bow< l<'P~OQ
s..boi-.e
Other E:l;pemcs-Indudin£ Sub-Coni1llta;Dts
.ad .Pun=hued :$crvices lhrouJb SlObcontrxts
Mikage • Outside local lmI
S 92.0C' /boot
S 77 . 00 /bou!"
S iLCO rbcw
S 66.00 Ibour
S 53.00 Iltour
S 47.00 .'hor.lr
S 11 6 ,00 Ibour
S 1i6.00 Ihoa:r
S 103.00 Ibocu-
5 93,00 /boar
S 85.00 1boI...,.
S 7 i.OO ./bom"
S 58.00 Ibour
S 34.00 !bour
S 103.00 JbooJl
S 84,00_
S 74.00 /boW'
5 91,00 Iboar
5 201,00_
S 1~,OO_
S 38.00 Ibour
5 5<1.00_
S 35,00_
5 30.00 Ibour
1.121 Cos:
1.12" ~
1.12 l Cost
5 O.32lnule
Billing rues iDcJudt O'IIerhcad. eqWpmeaI, space. ~1a1. etc. These bil.li.fJg rzk:s Il1't SlJbj~ to Ux:teMe
in July of CKb year c!ae to salary iDcP..ues. Principal', time on projects is d.&rfeable c $158.00 per
hour,
Litiption AlppOI1 will be billed .at $235.00 per hour.
A la!e paymr,nt FINANCE \,. .'-IARGE will. be computed a« the maximum rate aflowed by law aDd ,"ill
be-applled 10 my IUlpaid balatlce c.omrnem'mg 26 days afier the da~ of thf: oritinaI i:l."oi~.
AD~ .... enacted by lUIy govemmeo! lx.>dy will be added 10 the Ilxwe na:5.
~ Effective 7 110192 GDICRSNOCALPJK
...,.-!:I .... ~ ...
•
. .:!"
~.'~" .
. ,' .J-':< --
NOLTE & ASSOCIA TE5
~I~ .
. -'->-' --
Certificate of Insurance
IS !SSUECl ,11,$ ... "" ... TT'ER ~ INFOIitMATlON
CONFV:S NO RIGHTS UPOIIj n-tf CDmfOIC;A n
THIS CEATlFICA n:: 00155 Nor AMENt!, EXTVotl) OR
Companies AtforG.lI'I'iI
1750 c. •• I<slcI. a.... Driv<I. Sullo 250
Company A -ZURlCH INSURANCE CO MPANY
Como.ny B -AM!IIICAN HOME ASSURANCE
unit! IADW ~w _ ~ TD 'l'H.f --...m IIjMOIID -..oYI'
•
,
~~ 1IIti'f'~.""" CNI ~ Ol' Nff ~OII ~oor;:t.vetT _..".~ Tl:11III!«:it no ~1"l"""'" AIII$I.II!I 011 ~
"""_.1'IoII-..wJeII~""'-'rMI..auou~l'I8QII\'lIItr..l1t.11CT"II~~r~ .. p.c::.~IiMO~OI'tv04~
co. """ 01' POUCY """'"' >OUCV
m .. ",\lIWf<:O Nl. ...... 9R't:, ~n: £.."UI'9\. !)ATf. \WI ....
1
00
CB<a\Al LlAItUtY I G_ ...... .... "' 2,DO\1.0Q0
C.ommI. G-. Li.t>Wty JJJoduCUI-C<IPIIO • • z.ooo,r.oo
I I Cillima Made ~_~"'!I. .... eN. ini.l!y' ___ !.Looo.ooo
A JX1 Qcc::utatoC:I d"0611H"'GiS 03"5193 031115184 !.c:h Oce'J~' t: 1.000.000
I J 0 .... _', • Conv-e!o,", ~~O ." ~.,. .1,000.000
rrl)t~M
•
AUTO UU!IJTY I C~ SintJl;l Urrit
i [Xl Arrf .. ~. "' t,OQe.OOO t r l Ali ~wn.td ""U:I aoaav Lr:jurv ,.., pera>Ol'l • l I Sc.M(\H4-.rto. • Ul'5.1. 7",,7.oe 03JU;'/S3 Oll,SJS4, •
I Hired.au1Ol Bo@v I"'}VIY ~r ~,.
] Noft-G..,I*IS MltJW, • J G.,...,. IiGiity ~C.-n.g.
EXCBS WUIILJN f.ad! Occ:u ... roec • -""'" A.QOiIIf'I9IIte • om.. m..n limb .... FOtm
-...s' I 5 t.atutflE'l u....wu::
• .,.,..,..,....n"", WCU17G64 05101183 ...",.. ffth ItC!;KI'!'lI .1.000,000
AND atPLOYEM' ~oIic:vL..ilrli1: • ',1»0,000
lJARJTY Ci,..u .. ~~ ... '0 __ I • 1.000.00(1
C fl'R;ORSSJONAl. COIOOt:l I 19Qo11 04115133 ..".-·t· ... g"~ul.-• 1.000,000
UA8IUTY •
Description of O\l.ra:tiO~tionsN"hic1es.if\e$tri~on.sJSpe.eiat item-$:
An Qpe~.ticns of the namedJ;ns.ur.d. ~.~ra: LJ.abirrty CI!'tly: The CitV'cf Palo AAo. its officers, .~ents and
emp"'VeM are named as add"rtiOllilI inMed$ but onIiI!~ respects ~abirrty arising out of the n.amed insureds
op.eratiOtlS for los Tranco:a ~ hge Mill Road.'fO(rthit\ [xprus.way !fU.erseeticn Impravemenu, Project" 19-93-
90: !h~ por~ is primary 8$ rUpects any inS.,.H~nce carned by the additionaJ inslJl't!!ds with respec:t to work
perform'ed by the named inlUflld; this ;K»icy cOntains a sev.rabip'"ty -of interest ctauu,
• Wrrtten at .; re at~ limns of fiabifrrv n01 less than a:mounr· u,own. :
Cartiftcare Haidet:
CITY OF P""l.O Al. TO
Civic Center F"lTI.t Floor
250 Hamilton AVE'nue
P.Io Alto, CA 94303
John Carlson
I ~ '~it: I"NJT 'S ~! '-ro'!'",-~~Cl ... v~ _ ~I !'fIUBr""!f.l
I wm.... ,..u ~ ~ AU eP!IUI~:S 01' ~f......,. CAJlC:t:a.LA nON:
IhIl<..Ul ~ O • .,.... 40\>1 Q~.-ouCIH IU C:-e1!.UD IIII'CIIIW 110;101 ...... 1'I00I
r!).AT! 1'JtM~'~,'TKI: .~"""'Q; C;~. 1T.s ~ 0lIl .......... -r .. lTVI:, ~
,_ ao~"'I'::I ,..'N!. :.0 o .. ;.,,· ..... l"I'"Dt M'ICJTIC:t TO TIlt eam_ ..... 'n: -.-J;IUII H.\NUIIl0
I ~e I.DT ,,,"-1" , .. u • ..l-TC ...... ~ HOner DI.-u ~~ 110 U>OfIIIIUTY ~ '*-IGAoT\DIII
Zurich Insurance Company
l'OHcy N_ Cl'OSI19S66-06
Droam Dw: 08123/93
Policy plngt Epcfonemcpt
COMMaC!AL GENERAL UAIIIL!TY
ADDmONAL INSURED
2 .• 1be IIdditioual iD.sared ~:u below~ wids 'TeSpeCl1o COViJ.AGE A. SODa y INJURy AND
PROPERTY DAMAG£ UABILITY CGlY ..... ooIy " _ ""'" ~ by. for '" 011 bdooif of iii< --.
ADy odie< --. .. _ by iii< oddilioaal _..-~ whioll......wI DfherWe opply '"
.." .. zcac:t· ccww:nd ~ this policy man be CCIGIideRd CJ:~ md. DOII.-coDCnllutioa with tbe
~ __ by dU poIiey.
City ofhio Alto, its Gftieers. ~ aDd cmpJC')'ee& for
Los Trueos aGd p,qe Mill Road;'FO<Kb.CI ~y
!J>"""";" hopro, ........ Prnj<d II 19-93-90
Totol ... _ "'-Wm: At Audit