HomeMy WebLinkAboutStaff Report 2501City of Palo Alto (ID # 2501)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/9/2012
April 09, 2012 Page 1 of 6
(ID # 2501)
Summary Title: BAO/Design Contract Newell Road Bridge Replacement
Title: Adoption of a Budget Amendment Ordinance in the Amount of $179,000
to CIP Project PE-12011, Newell Road/San Francisquito Creek Bridge
Replacement, Approval of a Contract with Nolte Associates, Inc. in the Amount
of $519,177 for Design Services for the Newell Road/San Francisquito Creek
Bridge Replacement Project, Capital Improvement Program Project PE-12011,
Approval of the Inclusion of Public Art in the Design and Construction of the
Newell Road/San Francisquito Creek Replacement Bridge, and Approval of a
Cost Share Agreement with the Santa Clara Valley Water District Providing for
Contribution of Local Matching Funds for the Newell Road/San Francisquito
Creek Replacement Bridge Project
From:City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1.Approve the attached Budget Amendment Ordinance in the amount of $179,000
(Attachment A) to provide an additional appropriation for the Newell Road/San
Francisquito Creek Bridge Replacement Project, Capital Improvement Program Project
PE-12011;
2.Approve and authorize the City Manager or his designee to execute the attached
contract with Nolte Associates, Inc. (Attachment B) in a not-to-exceed amount of
$519,177 for engineering design services for the Newell Road/San Francisquito Creek
Bridge Replacement Project (PE-12011), including $471,977 for basic services and
$47,200 for additional services;
3.Approve the inclusion of public art in the design and construction of the Newell
Road/San Francisquito Creek replacement bridge; and
4.Approve and authorize the City Manager or his designee to sign the attached cost share
agreement with the Santa Clara Valley Water District (District) (Attachment C)
providing that the District will contribute the local funds matching the Caltrans Highway
Bridge Program grant for the design of the Newell Road/San Francisquito Creek
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replacement bridge.
Background
The existing Newell Road Bridge over San Francisquito Creek was constructed in 1911 and is
considered functionally obsolete. The traffic lanes are substandard, and the bridge has no
provision for bicycle or pedestrian traffic. In addition, the sight distances from the bridge are
poor, and the bridge alignment creates an undesirable offset in the horizontal alignment of
Newell Road. Furthermore, the existing bridge abutments are located within the creek bed,
causing a flow constriction in the channel that prevents it from accommodating the estimated
1% (100-year) flow event. The Newell Road Bridge is one of the bridges under study by the San
Francisquito Creek Joint Powers Authority (JPA) that needs to be replaced in order to provide
1% flood conveyance capacity in the creek and increased flood protection to area residents and
businesses. On July 11, 2011, Council approved a budget appropriation for a new capital
improvement project to replace the Newell Road Bridge and authorized staff to accept Caltrans
Highway Bridge Program grant funds and local matching funds from JPA to pay for the design
and environmental assessment of the replacement bridge. The initial amount appropriated for
the design/environmental assessment phase of the bridge replacement project was $360,000.
The City of Palo Alto (City) was to be fully reimbursed for this initial phase of the project, with
the Highway Bridge Program grant providing 88.53% of the funding and the 11.47% local match
being provided by the JPA.
Discussion
Based on the scope of work approved by Council, staff issued a Request for Proposals (RFP)
seeking a qualified engineering firm to perform the bridge design and environmental
assessment work. The scope of work to be performed under the contract is for complete
engineering, architectural and landscape design services, including preliminary design, design
development, and preparation of construction documents, regulatory permitting,
environmental assessment, public outreach and bid assistance. The new bridge will be
designed to allow passage of the 1% San Francisquito Creek flow event, accommodate
vehicular, bicycle, and pedestrian traffic in as compact a width as is feasible and create a
modified horizontal alignment and vertical profile that will improve traffic safety and sight
distances. In light of the bridge replacement project’s regional benefits and impacts, staff from
the City of East Palo Alto and the JPA will participate in the public outreach, technical design,
and environmental assessment elements of the project. The design of the replacement Newell
Road Bridge will be subject to review by the City of Palo Alto Architectural Review Board and
Planning & Transportation Commission and the City of East Palo Alto Public Works &
Transportation Commission and Planning Commission.
The Newell Road Bridge serves as one of the gateways between the cities of Palo Alto and East
Palo Alto. As a community gateway, this location provides a unique opportunity to include an
element of public art in the bridge design. The City’s Art in City Capital Improvement Projects
Policy, however, does not require the typical 1% budget allocation towards public art for
projects that are funded with outside grant monies. Furthermore, in preliminary discussion
with Caltrans representatives, staff has determined that it is uncertain whether Highway Bridge
April 09, 2012 Page 3 of 6
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Program grant funds may be used to reimburse applicants for the cost of public art. In spite of
these potential reasons to omit public art from the project scope, staff from the Public Works
Engineering Services and Community Services Arts Divisions jointly recommends that the Public
Art Commission should follow the typical practice of retaining an artist to work jointly with the
engineering consultant to incorporate art into the bridge design. Based upon the $1 million
estimated cost of the replacement bridge structure, the 1% allocation for public art would be
$10,000. The $10,000 public art allocation would need to be funded by the City and may not
qualify for reimbursement from the Highway Bridge Program grant. Coordination with an artist
to be selected by the Public Art Commission is already included in the scope of work described
in the attached contract with the design consultant. The $10,000 allocation for the art element
is included in the attached Budget Amendment Ordinance.
An RFP for the project was sent to prospective consultants and posted on the City web site on
September 12, 2011. The following table summarizes the results of the RFP solicitation:
Summary of Solicitation Process
Proposal Description/Number
Design Services for the Newell Road/San
Francisquito Creek Bridge Replacement
Project
Proposed Length of Project 365 Calendar Days
Number of Proposals Mailed 6
Total Working Days to Respond to Proposal 21 Working Days
Number of Proposals Received 6
Company Name
Location
(City, State)
Selected for Oral
Interview?
1. Biggs Cardosa Associates, Inc San Francisco, CA Yes
2. Nolte Associates, Inc.San Jose, CA Yes
3. Quincy Engineering, Inc.Sacramento, CA Yes
4. BKF Engineers, Inc.San Jose, CA Yes
5. Jet Engineering, Inc.Pleasanton, CA No
6. Creegan + D’ Angelo, Inc.San Francisco, CA No
Range of Proposal Amounts Submitted
Per Caltrans Highway Bridge Program
requirements, cost information was not
included with the proposals.
An evaluation committee consisting of representatives from the Public Works Engineering
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Services Division, San Francisquito Creek JPA, and the City of East Palo Alto reviewed the
proposals. Four firms were invited to participate in oral interviews on October 27, 2011. The
committee carefully reviewed each firm’s qualifications and submittal in response to the
criteria identified in the RFP. The committee reviewed each firm’s qualifications relative to its
experience in designing reinforced concrete bridges, the quality of its proposed project
approach, performance on past projects, the qualifications of the specific staff to be assigned to
the project, understanding of the project goals, and familiarity with the Caltrans Highway
Bridge Program. Nolte Associates, Inc. was selected because of the depth and quality of its
experience with the design of bridges, especially projects funded through the Caltrans Highway
Bridge Program, the exceptional qualifications of its proposed project design team, and the
strength of its proposed project design approach.
In compliance with the requirements of the Caltrans Highway Bridge Program, the proposers
did not include cost information with their proposals. The consultant selection process was
based completely upon the relative qualifications of the design teams with no consideration
given to cost. Following selection of Nolte Associates, Inc. as the selection committee’s
preferred design consultant, staff began negotiations with them on a detailed scope of services
to be provided along with the associated costs.Following several compromises and revisions to
the proposed scope of work, it became evident that the available budget would not be
adequate to complete the project design all the way through preparation of construction
bidding documents. Staff reviewed the scope of work provided by the consultant and
confirmed that it correlates closely with the specific services requested in the RFP. Staff also
reviewed the hourly rates charged by Nolte Associates, Inc. and their subcontractors and finds
them to be reasonable and comparable to the rates charged by other Bay Area design firms.
The primary factors that have caused the consultant fee to exceed the existing budget are the
City’s expectation for high aesthetic standards (which have led to the inclusion of a bridge
architect on the design team) and the requirement for review of design submittals by multiple
advisory boards and commissions in Palo Alto and East Palo Alto.
Staff recommends that Council approve the attached Budget Amendment Ordinance in order to
increase the project budget to cover the consultant’s proposed cost for the project design.
Staff submitted a request to Caltrans to increase the amount of expenses eligible for
reimbursement through the Highway Bridge Program grant to $522,143 in order to cover the
cost of the design contract. Caltrans approved the City’s request to increase the grant amount
on March 22, 2012.
The amount of local matching funds required by the Caltrans Highway Bridge Program has risen
proportionately with the increased project budget. Based upon the local match requirement of
11.43%, as much as $59,890 in local matching funds may be needed to complete the project
design and environmental assessment. Recent discussions between representatives of the City,
the JPA, and the Santa Clara Valley Water District (District) have resulted in a mutual agreement
that the District will provide the local matching funds for the Newell Road/San Francisquito
Creek Replacement Bridge Project rather than the JPA in order to relieve the financial pressure
on the JPA’s limited operating budget. The attached cost share agreement documents the
April 09, 2012 Page 5 of 6
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terms under which the District will contribute the matching funds.
Timeline
The design, environmental assessment, and regulatory permitting of the Newell Road/San
Francisquito Creek replacement bridge are expected to be completed by late Spring 2013.
Construction of the new bridge should take place during FY2014, subject to the approval of
additional grant funding from the Caltrans Highway Bridge Program.
Resource Impact
A portion of the funds required for the design of the Newell Road/San Francisquito Creek
replacement bridge is currently available in Capital Improvement Program Project PE-12011.
The remaining funds will be added to the project budget via the attached Budget Amendment
Ordinance (BAO). The additional funds from the BAO will cover the cost of the design contract
with Nolte Associates, Inc., the cost of public art to be incorporated into the project, and other
miscellaneous project-related expenses, such as permit fees, printing charges, and public
outreach expenses. Design contract expenditures and a portion of the miscellaneous project
expenses will be reimbursed through the Caltrans Highway Bridge Program and the District.
The Caltrans Highway Bridge Program will provide 88.53% of the reimbursement, and the
remaining 11.47% of the funds will be provided by the District. Since the proposed project
budget exceeds the Highway Bridge Program grant amount, up to $16,857 in project expenses
(i.e. the public art element of the project and a portion of the miscellaneous project-related
expenditures) will not qualify for reimbursement from the Highway Bridge Program grant and
will need to be funded through the Infrastructure Reserve. As a result, the Infrastructure
Reserve balance will decrease to $3,038,710. Proposed expenditures and revenues are
summarized in the table below.
Project Revenues
Caltrans Highway Bridge Program grant $462,253
Grant matching funds (from Santa Clara Valley Water District)$ 59,890
Infrastructure Reserve $ 16,857
TOTAL $539,000
Project Expenditures
Contract with Nolte Associates, Inc.$519,177
Public Art element $ 10,000
Miscellaneous project-related expenses (e.g. permits, printing, outreach)$ 9,823
TOTAL $539,000
Environmental Review
Because the Caltrans Highway Bridge Program grant funds originate from the federal
government, the environmental assessment of the Newell Road/San Francisquito Creek Bridge
Replacement Project must be conducted to comply with both the National Environmental
Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Nolte Associates, Inc.
April 09, 2012 Page 6 of 6
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will assist staff with the preparation of the required environmental documents. In support of
the environmental analysis, the consultant will conduct the special technical studies specified
by Caltrans Environmental Planning staff during the grant review process. The appropriate
environmental review document will be brought to Council for consideration at the time of
award of the construction contract for the project.
cc:Kamal Fallaha, City of East Palo Alto Public Works Department
Brent Butler, City of East Palo Alto Planning Department
Len Materman, San Francisquito Creek Joint Powers Authority
Chris Elias, Santa Clara Valley Water District
Norman Beamer, Crescent Park Neighborhood Association
Karen White, Duveneck/St. Francis Neighborhood Association
Attachments:
·A -Budget Amendment Ordinance (PDF)
·B -Contract with Nolte Associates, Inc.(PDF)
·C -Cost Share Agreement with Santa Clara Valley Water District (PDF)
Prepared By:Joe Teresi, Senior Engineer
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
Attachment A
ORDINANCE NO.xxxx
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2012 TO
PROVIDE AN APPROPRIATION OF $179,000 TO CAPITAL
IMPROVEMENT PROGRAM PROJECT NUMBER PE-12011, NEWELL
ROAD/SAN FRANCISQUITO CREEK BRIDGE REPLACEMENT
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 20, 2011 did adopt a budget for fiscal year 2012; and
B. On July 11, 2011, the Council did adopt Budget
Amendment Ordinance Number 5122 in the amount of $360,000 to
establish CIP Project PE-12011, Newell Road/San Francisquito
Creek Bridge Replacement. The Council also authorized staff
to accept Caltrans Highway Bridge Program grant funds and
local matching funds from the San Francisquito Creek Joint
Powers Authority (JPA) to pay for the design of the
replacement bridge; and
C. Recent discussions among representatives of the City
of Palo Alto, the JPA, and the Santa Clara Valley Water
District (District) have resulted in a mutual agreement that
the District will provide the local matching funds for CIP
Project PE-12011, Newell Road/San Francisquito Creek Bridge
Replacement, rather than the JPA in order to relieve the
financial pressure on the JPA’s limited operating budget.
D. A Request for Proposal (RFP) to solicit services for
the bridge design and environmental assessment of CIP Project
PE-12011 was sent to prospective consultants and posted on the
City’s website on September 12, 2011. Proposals were received
from six firms. Nolte Associates, Inc. was selected based on
the depth and quality of its experience with the design of
bridges at a cost of $519,177; and
E. An additional $10,000 is needed to incorporate public
art into the bridge design. Funding for public art will be
provided by the Capital Projects Fund Infrastructure Reserve.
Miscellaneous project-related expenditures of $9,823 are also
needed for permits, printing services, and outreach. Total
project expenditures are summarized in the following table;
and
Project Expenditures Amount
Contract with Nolte
Associates, Inc.
$519,177
Public art element $10,000
Miscellaneous project-
related expenses (e.g.
permits, printing,
outreach)
$9,823
Total $539,000
F. The initial appropriation of $360,000 for CIP Project
PE-12011, Newell Road/San Francisquito Creek Bridge
Replacement, is not adequate to cover the cost of the project
primarily due to the City’s high aesthetic standards and the
requirement for review of design submittals by multiple
advisory boards and commissions. An additional appropriation
of $179,000 is needed to cover the full design cost which
totals $539,000; and
G. The additional appropriation of $179,000 will be
funded by $162,143 from both the Caltrans Highway Bridge
Program and the Santa Clara Valley Water District, and $16,857
from the Capital Projects Fund Infrastructure Reserve.
Funding sources for the full design cost of $539,000 are
summarized in the following table; and
Funding Sources Amount
Caltrans Highway Bridge
Program
$462,253
Santa Clara Valley Water
District
$59,890
Capital Projects
Infrastructure Reserve
$16,857
Total $539,000
H. City Council authorization is needed to amend the 2012
budget as hereinafter set forth.
SECTION 2. The sum of One Hundred Seventy-Nine Thousand
Dollars ($179,000) is hereby appropriated to CIP Project PE-
12011, Newell Road/San Francisquito Creek Bridge Replacement.
SECTION 3. The sum of One Hundred Seventy-Nine Thousand
Dollars ($179,000) is hereby transferred from the Capital
Project Fund Infrastructure Reserve.
SECTION 4. The Infrastructure Reserve will later be
reimbursed by grant funding from the Caltrans Highway Bridge
Program and the Santa Clara Valley Water District in the
amount of One Hundred Sixty-Two Thousand One Hundred Forty-
Three Dollars ($162,143).
SECTION 5. The transactions above will result in a net
decrease of Sixteen Thousand Eight Hundred Fifty-Seven Dollars
($16,857) to the Capital Projects Fund Infrastructure Reserve.
The balance of the Capital Projects Fund Infrastructure
Reserve will be reduced to Three Million Thirty-Eight Thousand
Seven Hundred Ten Dollars($3,038,710).
SECTION 6. As specified in Section 2.28.080(a) of the
Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 7. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 8. Because the Caltrans Highway Bridge Program
grant funds originate from the federal government, the
environmental assessment of the Newell Road/San Francisquito
Creek Bridge Replacement Project must be conducted to comply
with both the National Environmental Policy Act (NEPA) and the
California Environmental Quality Act (CEQA). Nolte
Associates, Inc. will assist staff with the preparation of the
required environmental documents. The appropriate
environmental review document will be brought to Council for
consideration at the time of the awarding of the construction
contract for the project.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Assistant City
Attorney
Director of Public Works
Director of Administrative
Services
Professional Services
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CITY OF PALO ALTO CONTRACT NO. C12142825
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
NOLTE ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 5th day of March, 2012, (“Agreement”)
by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and NOLTE ASSOCIATES, INC., a California corporation, located at 2025 Gateway Place, Suite
156, San Jose, CA 95110 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to implement the Newell Road/San Francisquito Creek Bridge Replacement
Project (“Project”) and desires to engage a consultant to provide professional engineering services,
including feasibility analysis, preliminary design, design development, construction document
preparation, bid assistance, and construction services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
D. The Services under this Agreement will be funded through a federal grant administered by
the Caltrans Highway Bridge Program (HBP). CITY and CONSULTANT certify that the Agreement
was procured in accordance with Exhibits E and F, respectively.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit “B” unless terminated
earlier pursuant to Section 19 of this Agreement.
Professional Services
Rev. Nov.7, 2011
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SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both payment
for professional services and reimbursable expenses, shall not exceed Four Hundred Seventy One
Thousand Nine Hundred Seventy Seven Dollars ($471,977). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed Five
Hundred Nineteen Thousand One Hundred Seventy Seven Dollars ($519,177).
The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY
RATE SCHEDULE,” which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”).
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
Professional Services
Rev. Nov.7, 2011
3
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
ICF International – Environmental & Public Outreach
MacDonald Architects – Bridge Architects
Parikh Consultants, Inc. – Geotechnical
TJKM Transportation Consultants - Traffic
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Michael Pugh as the
project director to have supervisory responsibility for the performance, progress, and execution of
the Services, and Raul Laborin as the project coordinator to represent CONSULTANT during the
day-to-day work on the Project. If circumstances cause the substitution of the project director,
project coordinator, or any other key personnel for any reason, the appointment of a substitute
project director and the assignment of any key new or replacement personnel will be subject to the
prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the Services in an acceptable manner,
are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat
to the safety of persons or property.
The City’s project manager is Joe Teresi, Public Works Department, Engineering Services Division,
250 Hamilton Avenue, Palo Alto, CA 94301, Telephone (650) 329-2129. The project manager will
be CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an “Indemnified Party”) from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
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Rev. Nov.7, 2011
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16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
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19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
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or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by the City’s Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of 30% or greater post-consumer material and
printed with vegetable based inks.
Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This section shall take
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precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
25.11 This Agreement may be signed in multiple counterparts, which shall, when
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executed by all the parties, constitute a single binding agreement
SECTION 26. FEDERAL GRANT REQUIREMENTS. The Services under this Agreement are
partially funded with Federal-aid Highway funds administered by the California Department of
Transportation (Caltrans) Highway Bridge Program (HBP). Consultant shall comply with the grant
funding requirements set forth in Exhibit G which is hereby incorporated into this Agreement.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager (Required on contracts over
$85,000)
Purchasing Manager (Required on contracts
over $25,000)
Contracts Administrator (Required on
contracts under $25,000)
APPROVED AS TO FORM:
__________________________
Senior Asst. City Attorney
(Required on Contracts over $25,000)
CONSULTANT
By:___________________________
Name:_________________________
Title:________________________
Attachments:
EXHIBIT “A”: SCOPE OF WORK
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
EXHIBIT “E”: CERTIFICATION OF LOCAL AGENCY
EXHIBIT “F”: CERTIFICATION OF CONSULTANT
EXHIBIT “G”: FEDERAL GRANT REQUIREMENTS
Bud Mullanix
Regional Managing Director
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EXHIBIT “A”
SCOPE OF SERVICES
Nolte Associates, Inc. (NV5) agrees to perform the following Scope of Services:
The NV5 scope outlined below specifically adheres to the tasks requested by the City within
your request for proposals. To assist in your review of our proposed scope, where appropriate,
we have included for cross reference the task numbers and descriptions presented in your request
for proposals. We have developed our scope based upon our knowledge and experience gained
for providing similar engineering services for HBP funded bridge projects throughout California.
Phase 1- Preliminary Engineering & Environmental Clearance (RFP Task A, B, C, F, G)
Task 1 - Project Implementation
Task 1.1 - Project Management
NV5 will provide uninterrupted communication with the City and the project stakeholders to
provide for a complete and successful project. NV5 views the daily coordination and continuous
management activity from scoping though final design as a primary project goal and objective.
Therefore, our team will be focused on providing the City uninterrupted communication thought
out the project.
Task 1.2 - Meetings (RFP Task F)
NV5 will facilitate and attend a project kick off meeting (1) and five (5) additional project
progress as required. The kickoff meeting will be conducted with key City personnel and the
team to thoroughly discuss the project objectives, scope, design criteria and management
process.
In addition NV5 will prepare presentation materials for and attend the following meetings:
City of Palo Alto Architectural Review Board (2 total)
City of Palo Alto Planning and Transportation Commission (2 total)
City of Palo Alto Public Arts Commission (2 total)
City of East Palo Alto Public Works and Transportation Commission (2 total)
City of East Palo Alto Planning Commission (2 total)
SFCJPA (1 total)
Task 1.2 Deliverables: 17 meetings
Task 1.3 - Quality Assurance/Quality Control
Throughout the project, NV5 will ensure project quality at all levels of design by incorporating
our standardized Quality Assurance/Quality Control Plan. We have referenced the various steps
of our Quality Assurance/Quality Control Plan throughout our proposed project scope of work.
Task 1.4 - Project Schedule
NV5 will prepare a comprehensive project schedule and submit it to the City for review and
approval. The schedule will be updated on a monthly basis to reflect any changes and will be
submitted to the City for review.
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Task 1.5 - Public Outreach (RFP Task A)
NV5 with assistance from our outreach subconsultant, ICF, will create and implement a multi-
faceted public communication and outreach plan in order to assist City staff with the solicitation
of input from members of the public regarding the replacement of Newell Road Bridge. ICF will
establish and implement a basic outreach protocol to ensure accurate, timely and consistent
information is available and shared with all interested parties in the affected communities. Karen
Molinari, the ICF Outreach/Communications task lead, will develop an outreach protocol
memorandum outlining how, what, and by whom, project information will be shared at key
milestones. The plan will facilitate a focused approach to public outreach:
Up to two informal meetings with property owners and residents adjacent to the project
in both Palo Alto and East Palo Alto.
Formation of an ad hoc Community Advisory Committee for this project. The committee
should be made up of members of the consultant team, representatives from each of the
project stakeholders (including various Boards and Departments as appropriate), and
residents from Palo Alto and East Palo Alto. The goal of the committee is to provide
opportunities for affected agencies and citizens to provide their input, concerns, and
perspective as they relate to alternatives and features being considered for the project. It
also serves as an education to the stakeholders who may be unaware of some of the
constraints and challenges particular to this project.
ICF will assist the City by providing current project information, decisions, and
anticipated schedule and other project outreach materials for the City’s website.
Summaries of meeting minutes and links to Council and Commission meeting
information should also be provided. Per the RFP, we assume that the City will host and
maintain the project webpage.
Two public meetings during preliminary design. One public meeting would occur at the
outset of the project to solicit input on project design and stakeholder concerns and a
second meeting towards the end of preliminary design to solicit comments regarding the
initial bridge design. While the City will remain the face of the project, the NV5 team
will be available to present project information, answer questions, and prepare exhibits,
power point presentations, and other handout information about the project. Per the RFP,
our team assumes the City will be responsible for mailing list and the cost of mailing any
outreach materials.
Task 2 - Existing Document Review
NV5 will review all available documents regarding the project. This includes any existing road
plans, utility drawings, San Francisquito Creek studies and improvement plans, HBP
programming documents, bridge inspection reports, etc. Information determined in our research
will assist us in pursuing the best project alternative for bridge reconstruction.
Task 3 - Utility Coordination
NV5 will provide utility coordination services with the objective to obtain all data on the various
utility encroachments within the project limits. From our field reconnaissance and research, there
are utility poles, water, sewer and storm drain facilities within the project site. Further
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investigations will continue, however, to assure that all possible utilities have been accounted for
in a manner that accounts for both the present conditions and potential future facilities. Based on
the final alignment selected for the new bridge at least one of the utility poles along the southern
edge of Woodland Avenue is expected to be relocated. Early coordination with PG&E will occur
once the preliminary bridge design is complete.
In addition, following Caltrans utility procedures standard A, B, and C letters of utility
notification will be prepared by NV5 for signature and submission by City of Palo Alto. NV5
anticipates contacting the following utilities:
Pacific Gas & Electric
CATV
AT&T
Task 3 Deliverables: Utility A, B, and C letters; PG&E contact and application process
for pole relocation
Task 4 - Environmental Studies (RFP Task C)
As a subconsultant to NV5, ICF International (ICF) will take the lead on preparing the necessary
environmental technical studies and developing the project CEQA and NEPA documents.
Task 4.1 - Prepare Purpose and Need Statement and Project Description
Based on an engineering description of the proposed bridge design and associated construction
activities to be provided by the designers, ICF will prepare a project description that includes the
purpose of and need for the project. ICF will submit the project description to the City for
approval before beginning work on the impact analyses for the draft technical studies. Our
team’s scope assumes that one alignment will be evaluated in the technical studies/memos and
Initial Study.
Task 4.2 - Prepare Administrative Draft and Draft Initial Study
Following receipt of Caltrans comments on all technical studies, an administrative draft Initial
Study will be prepared and submitted for City review. This document will include a summary of
earth resources and flooding impacts and mitigation measures based on technical reports
prepared by other team members. This report (or the final Initial Study) will include a draft
Mitigation Monitoring Plan, as required by CEQA. ICF will incorporate up to two rounds of
comments on the administrative draft Initial Study. This task includes production of 10 copies of
review drafts and 25 copies of the public review draft Initial Study for City distribution. We will
also provide electronic versions of the report for review.
Task 4.3 - Prepare Administrative Final and Final Initial Study
At the close of the public comment period for the Draft Initial Study, ICF will review and
respond to all comments received. It is assumed that a reasonable number of comments based on
the magnitude of this project will be received and that no comments requiring new or extensive
analyses will be received. The administrative final Initial Study will be prepared and submitted
for City review. ICF will incorporate up to two rounds of comments. This task includes
production of 10 copies of review drafts and 25 copies of the public review final Initial Study for
City distribution. ICF will also provide electronic versions of the report for review.
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Task 4.4 - Prepare Categorical Exclusion for NEPA
ICF will list environmental commitments on the CE continuation sheet and submit the CE form
for City and Caltrans review and Caltrans signature.
Task 4.5 - Prepare Draft and Final Technical Studies/Memoranda
ICF will conduct field investigations and prepare technical studies/memos following the
assumptions and methodologies specified below. These studies/memos will follow local, state,
and federal environmental guidelines. All draft technical studies/memos will be submitted to the
City and to Caltrans electronically for review (based on the City’s preference, these reviews will
be concurrent or sequential).ICF assumes incorporation of up to two rounds of comments and
duplication of 8 copies of the final studies/memos. ICF’s scope assumes that there are no Section
4(f) resources (defined as historic sites that are listed or eligible for listing on the National
Register of Historic Places or publicly owned parks, recreation areas, or wildlife/waterfowl
refuges) that will be affected by the project.
Section 106 Documentation (Cultural Resources)
ICF’s cultural resource specialists will be led by Steve Mikesell, formerly Deputy Director of the
State Historic Preservation Office. ICF will conduct a records search at the Northwest
Information Center of the California Historical Resources Information System at Sonoma State
University, Rohnert Park and local and state repositories; initiate Native American consultation
through the Native American Heritage Commission; and contact any additional museums,
historical societies, and interested persons to request information regarding the types of potential
cultural resources in the project area. An Area of Potential Effects (APE) map will be prepared
and field surveys for archaeological and architectural resources will be conducted by a qualified
archeologist and architectural historian.
The Newell Road Bridge is classified as a Category 5 bridge and was previously evaluated in
1986 and 2009 and found not to be eligible for the National Register of Historic Places (NRHP);
therefore, ICF’s scope assumes that the bridge will not need to be evaluated for eligibility. The
properties surrounding the bridge all appear to be less than 45 years old, and therefore, an HRER
will not need to be prepared for this project. ICF will prepare a Historic Property Survey Report
(HPSR) and Archaeological Survey Report (ASR) that meet Caltrans’ requirements both of
which we assume will be “negative reports”.
Biological Resources
Sensitive resources in the project area include San Francisquito Creek and associated riparian
habitat, as well as special-status species that may occur in these areas. Special-status wildlife
species that may occur in these areas include California red-legged frog, western pond turtle, and
nesting birds. Bats may also occur within the riparian zone or on the bridge structure. Special-
status Central California Coast steelhead also has the potential to occur in San Francisquito
Creek. ICF will prepare the following technical studies:
Natural Environment Study (NES) and California Red-Legged Frog Site Assessment:
ICF will prepare the NES using the guidelines from Caltrans’ Guidance for Consultants
Procedures for Completing the Natural Environmental Study and Related Biological
Reports (1997) and Caltrans’ April 30, 2002 memorandum. ICF’s effort will include
coordinating with Caltrans’ biologists to discuss project effects and needed mitigation for
impacts on sensitive biological resources. With input from Caltrans’ biologists, ICF will
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also gather technical information as deemed necessary from biologists at USFWS,
NMFS, Caltrans, and DFG. ICF’s biologists will conduct reconnaissance-level field
surveys to update our existing knowledge of the biological communities, including those
needed for a California red-legged frog site assessment; delineate waters of the United
States that are subject to regulation by the Corps under Clean Water Act Section 404; and
identify and map suitable habitat for special-status plant, wildlife, and fish species that
have the potential to occur in the project area. ICF will also conduct a qualitative special-
status fish habitat assessment based on a reconnaissance-level survey of the project area
and information obtained from agency biologists and existing reports on fish species and
habitat occurrence in the project area. The results of the reconnaissance-level, habitat-
based assessment will identify whether or not additional biological studies (e.g., botanical
surveys for special-status plants during appropriate times of year and protocol-level
surveys for specific animal species) are needed. Because the necessity to conduct
protocol-level surveys for listed wildlife species would be determined through
discussions with USFWS and DFG, and the number and type of protocol-level surveys
are not known at this time, these surveys are not included as part of this scope of work.
Delineation of Other Waters under Corps’ Jurisdiction: The NES will include a
delineation of other waters based on the methods and reporting standards acceptable to
the Corps. The wetland map will contain the boundaries of other waters and an estimate
of those areas that will be temporarily and permanently impacted by the project.
Biological Assessment: ICF will prepare a biological assessment (BA) addressing listed
fish species and designated critical habitat for National Marine Fisheries Service in
accordance with Section 7 of the Endangered Species Act and Caltrans standards and
guidance. The BA will provide technical information and supporting analyses of project
effects on listed species and designated critical habitat, including proposed avoidance and
minimization measures. The BA will be prepared for submittal to NMFS in support of the
request for formal consultation and preparation of a biological opinion and incidental
take statement. It is also unknown if a USFWS BA covering wildlife species will be
needed for this project until after the surveys are conducted. ICF will prepare a separate
scope for a USFWS BA if it is needed. Based on ICF’s previous work in the area, ICF
assumes that only a BA for NMFS will be required.
This scope of work assumes that replacement of the Newell Road Bridge would not require pile-
driving. Potential impacts related to pile driving would be a primary concern for this project if
pile driving is necessary, and, if required, we would prepare a separate scope of work and cost
estimate for an assessment of underwater sound levels based on proposed pile installation
materials, methods, and noise attenuation methods.
Water Quality Assessment
An ICF water quality specialist will prepare a Water Quality Assessment to be included in the
NES that will fully comply with the Caltrans District 12 April 2010 Water Quality Assessment
Report and Technical Memorandum Guidance for Local Agencies, as recommended by Caltrans
District 4. The assessment will document the regulatory framework for water quality protection
and describes water quality, erosion risk, and surface/groundwater hydrology in San Francisquito
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Creek. The report will include a preliminary analysis of potential project impacts and
recommendations for Best Management Practices.
Construction Noise Memorandum
ICF’s acoustical engineer assisted Caltrans in updating the Caltrans Traffic Noise Analysis
Protocol that became effective in July 2011. He will evaluate noise impacts associated with the
proposed alignment in accordance with the requirements of 23 CFR 772, Caltrans Protocol.
Because the replacement project will not increase the capacity of the bridge, no change in
operational noise is anticipated. Accordingly, the noise study report will focus on construction
noise only using methods recommended by the Federal Highway Administration.
Traffic Technical Memorandum
ICF will prepare a brief memorandum documenting construction period impacts to traffic flow in
the vicinity of the project and to identify preferred detour routes while the crossing is out of
commission. The detour routes will be identified and evaluated with available traffic operation
data provided by the City. The memorandum will include qualitative assessments of travel time
impacts related to detour paths and impacts to traffic operation along each proposed detour route.
Land Use and Community Impact Assessment Technical Memorandum
ICF will prepare a brief memo documenting impacts to land uses adjacent to the project and land
acquisitions
Hazardous Materials Technical Report
To evaluate potential hazardous materials issues for the bridge replacement project, Baseline
Environmental Consulting would prepare a Phase I/Initial Site Assessment (ISA) in accordance
with guidance from the Caltrans Standard Environmental Reference, the American Society for
Testing and Materials Standard E1527-05 for Phase I Environmental Site Assessments, and US
Environmental Protection Agency (EPA) requirements (40 Code of Federal Regulations Part
312). The ISA would include a review of available regulatory and site history information,
interviews with City staff, and a site reconnaissance. The scope would also include a pre-
demolition survey of lead-based paint and asbestos-containing materials by a Certified Asbestos
Consultant/Certified Lead Assessor. Samples of traffic striping paint and suspected asbestos-
containing materials at the bridge site would be collected and analyzed. The ISA report would
provide recommendations for additional action, as warranted, which could include provisions for
management, additional investigation, and/or abatement of lead-based paint, asbestos-containing
materials, and soils affected by aerially-deposited lead.
Task 4.6 - Project Management and Meetings
The ICF project manager shall attend up to 4 team meetings in Palo Alto to coordinate technical
studies and the preparation of the Initial Study. It is also assumed that a team member (project
manager, deputy project manager, or technical specialist) may be required to attend up to 6
additional four-hour meetings, as defined in the RFP. This task also includes the coordination
and management efforts by the ICF Project Management Team.
Task 5 - Survey
NV5 will provide the project base mapping in AutoCAD. The base mapping will include:
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Existing Topography
Design Survey Control
Existing and Proposed Right of Way Limits
Task 5.1 - Topographic Survey
The Topographic Survey will be prepared at a scale of 1”=20’. The limits of the survey will
extend approximately fifty feet (50’) each side of the existing bridge and will extend 200 feet
north and south of the existing bridge. This survey will be performed using conventional survey
techniques and will show the location of existing trees (over 6” in diameter), existing bridge and
support foundations, top and toe of slopes, edge of water and current water elevation, existing
fences, adjacent structures, adjacent roadways, and utility information within the project area.
Cross-sections of San Francisquito Creek will be taken at 50 foot interval, 200 feet upstream and
downstream of the existing bridge and at the proposed bridge location. The location of visible
utility vaults, manholes, catch basins and invert information of Storm and Sanitary Sewers will
be shown based upon a field survey. The location of underground utilities lines such as: gas,
water, electric, telephone, and any on-site utilities will be shown based upon available agency
records. Mechanical detection of existing utilities is specifically excluded. Contours will be
shown at one (1) foot intervals or as appropriate to clearly define the slopes.
Task 5.2 - Right of Way Constraints Map
Research and review existing title reports (provide by client), deeds, maps, easements
and other pertinent information.
Perform filed reconnaissance to recover existing property corners and monumentation
called for by record maps and deeds.
Perform a field survey to locate existing monumentation and physical features necessary
for the resolution of the existing right of way of Newell Road/Woodland Avenue
Intersection within the project area.
Perform right of way analysis.
Prepare a Right of Way Constraint Exhibit after the preferred alternative has been
determined and the project limits set. This exhibit will show the project footprint
superimposed on the existing right of way to help determine the location of the revised
right of way limits.
(Property Corners will not be established as a part of this scope of work. If required a Record of
Survey or Corner Record may be required in accordance with the Professional Land Surveyors
Act).
Task 5.3 - Acquisition Plats and Legal Descriptions
Based on new right of way alignment, NV5 will prepare a Plat and Legal Description for a
maximum of five (5) Acquisition Parcels or Temporary Construction Easements.
Task 5 deliverables (RFP Task G): Site Topographic and Boundary Survey; Plats and
Legal Descriptions, (if required)
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Task 6 - Location Hydraulic Study/Bridge Hydraulic Report (RFP Task B)
Task 6.1 - Preliminary Design/Hydraulics Analysis
In the area of the Newel Road Bridge over San Francisquito Creek, there is the potential for
significant flooding during the 100-year flood event. As shown on the effective FEMA flood
mapping dated 2009, a portion (5900 cfs) of the total 100-year flow (9200 cfs) is contained
within the banks of the active, and a significant portion of the flood (3300 cfs) follows a separate
flow path parallel to and south of the creek. Ongoing flood improvement planning by the San
Francisquito Creek Joint Powers Authority (SFCJPA) has identified the need to ultimately
contain the entire 100-year flood event within the active San Francisquito Creek. Therefore the
new Newell Road Bridge will be designed to safely convey the full 100-year flood event, with
proper freeboard requirements.
The preliminary hydraulic analysis of the bridge, will include obtaining the current HEC-RAS
hydraulic model for both the current condition of the creek and the planned condition of the
creek from the Santa Clara Valley Water District (SCVWD), and confirm with both the SFCJPA
and SCVWD the ultimate hydraulic condition for the creek. Each of these models will be
modified to include the alternative bridge configurations. The hydraulic model results will
provide feedback to the bridge designers to adjust the bridge designs. The technical product will
include hydraulic models for each alternative configuration that will confirm compliance with
the regulatory requirements.
Task 6.2 - Location Hydraulics Study
As one of the technical studies required for the environmental document, NV5 will prepare the
Location Hydraulics Study. The Location Hydraulics Study (LHS) is intended to identify the
existing floodplain conditions, the potential hydraulic impacts of the proposed project, and the
resultant impacts if the project is constructed with any necessary mitigation. For the Newell
Street Bridge over San Francisquito Creek project there are significant related issues beyond the
direct potential impacts. As shown on the effective FEMA flood mapping dated 2009, a portion
(5900 cfs) of the total 100-year flow (9200 cfs) is contained within the banks of the active, and a
significant portion of the flood (3300 cfs) follows a separate flow path parallel to and south of
the creek. Ongoing flood improvement planning by the San Francisquito Creek Joint Powers
Authority (SFCJPA) has identified the need to ultimately contain the entire 100-year flood event
within the active San Francisquito Creek. Therefore the new Newell Road Bridge will be
designed to safely convey the full 100-year flood event, with proper freeboard requirements.
Project hydrology and the current hydraulic model are established by the SCVWD and will be
used as the basis of the detailed studies.
Because the new bridge will be constructed prior to the completion of the regional flood control
project, the bridge site will see lower design flows for a number of years. These reduced peak
flows will be considered in the design of transition structures (those facilities that connect the
new bridge to the existing stream configuration).
The product of this effort is the preparation and submittal of a Location Hydraulics Study
formatted in compliance with Caltrans Local Assistance guidelines.
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Task 6.3 - Bridge Hydraulic Report
In the design phase of the project, the information and models developed during the Preliminary
Design and Environmental Phases will be updated and used as the basis for the preparation of the
project Bridge Hydraulic Report. This report will include the appropriate items identified in the
Caltrans Local Assistance Procedures Manual, Section 11, Exhibit 11-E, Checklist for Drainage
Studies and Report. The Bridge Hydraulic Report will evaluate the Design Flood (Q50), Base
Flood (Q100) and Overtopping Flood (or Flood of Record). For each flow condition the
following flow characteristics will be investigated and defined:
Design Flows
Water Surface Elevations
Water Surface Profiles
Freeboard
Flooding Limits
Flow Velocities
Scour potential
The proposed bridge is understood to be a clear span structure from top of bank on each side,
replacing the existing closed abutment bridge with footings within the creek banks that constrict
flow in the creek. In addition to the main requirement to convey the 100-year flood, freeboard
requirements of 3 feet for normal creek sections and 4 feet adjacent to bridges will be observed.
Hydraulic design will be compatible with the regional planning for the ultimate configuration
and capacity (Q100 of 9200 cfs) of the creek.
Task 6 Deliverable (RFP Task G): Preliminary Design – Hydraulics; Location Hydraulics
Study; Bridge Hydraulic Report
Task 7 - Geotechnical Investigations
As a subconsultant to NV5, Parikh Consultants Inc. (PCI) will take the lead on performing the
geotechnical investigations and preparing the geotechnical reports. The intent of the geotechnical
investigations will be to provide the City of Palo Alto and NV5 with a foundation report and
develop bridge foundation design and roadway structural section parameters.
PCI’s approach to preparing the geotechnical studies is based on Caltrans’ guidelines for the
preparation of Bridge Foundation Reports. As a general guideline the field exploration program
is based on drilling two new borings consisting of one boring at each abutment of the bridge
structure. In addition two shallow borings (5’) are proposed for the roadway pavement design. In
order to be cost effective, PCI will use any existing available borings/data for the structure.
Task 7.1 - Research and Data Collection
PCI will review available geologic and soil literature in the vicinity of the site including the
review of any as-built drawings and existing LOTB, if any.
Task 7.2 - Field Explorations
For the bridge structure, PCI will drill two borings up to 80’ in depth. Hollow stem auger drilling
is proposed. These explorations will provide an evaluation of subsurface soils/rock conditions
for the proposed structure. Two bulk samples will be collected from the roadway subgrade to
evaluate the R-value for pavement design.
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The boring locations will depend upon the available access and the boring data from previous
studies. PCI anticipates using a truck mounted drill rig and drilling in the general area of the
proposed abutment locations. Traffic control is anticipated at this time for one day.
PCI will classify and continuously log subsurface soil conditions encountered in each test boring
at the time of drilling. PCI will also obtain “relatively undisturbed” and bulk samples of substrata
from the test borings. The borings will be drilled and capped in accordance with the permit
requirements.
PCI will comply with the Agency Permit requirements.
Task 7.3 - Laboratory Testing
PCI will perform laboratory tests on representative soil samples such as moisture density,
unconfined compression, R-values, gradation analyses, corrosion tests and Plasticity Index test,
as necessary.
Task 7.4 - Soils Analysis/Evaluation
PCI will perform engineering analyses and develop design recommendations for the proposed
foundations. Drilled concrete piles are expected for the bridge supports. Pavement design will be
based on the Traffic Index value (provided by the City) and the R-value.
Task 7.5 - Draft Foundation Report
PCI will prepare preliminary recommendations for foundations. PCI will prepare a Foundation
Type Selection Report with the LOTB for the structure. PCI will also attend a Type Selection
meeting as necessary in Sacramento. In addition, PCI will develop pavement design
recommendations.
Task 7.6 - Final Foundation Report
PCI will prepare a detailed final Foundation Report. This report will include:
Design recommendations for the foundation type
Footing elevations
Lateral design information
Soil scour potential discussions
Evaluations of slope stability as necessary
The report will also discuss seismic considerations, evaluate the liquefaction potential and
comment on the site soil conditions from this standpoint. Information related to Caltrans Seismic
design criteria (SDC v 1.6) and 2010 updates will be provided. Information related to the
recently revised Seismic design guidelines and the ARS curves (2009) will also be provided.
As part of this task, PCI will also develop the Log of Test Borings sheet for inclusion in the
construction documents.
Task 7 Deliverables (RFP Task G): Geotechnical Reports; Draft and Final; Log of Test
Borings Sheet
Task 8 - Preliminary Engineering & Type Selection (RFP Task B)
NV5 will plan, design, and coordinate the required preliminary engineering documents needed to
define the scope of the project. This task will include the analysis of two bridge replacement
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alternatives and two roadway alignment alternatives, the preparation of a Bridge Type Selection
Report, and the preparation of a 30% plan set and estimate of the preferred project alternative.
Portions of the 30% plans will be used as figures in the project environmental clearance
documents to describe the proposed project.
Task 8.1 - Bridge Type Selection Report
Information taken from our research conducted in Task 2 will be used to assist us in determining
the best project alternative for replacing the existing bridge. In Coordination with the City, NV5
will provide the necessary alternative analyses and type selection services necessary to select the
most appropriate road alignment and bridge replacement type and prepare the Bridge Type
Selection Report. Upon completion of our analysis, we will produce and submit a report
recommending the preferred roadway alignment and bridge replacement type to City of Palo
Alto and Caltrans for review and selection.
A General Plan Sheet will be prepared to convey each bridge alternative. A conceptual plan and
profile for each of the roadway alignment alternatives will also be prepared. The vertical profile
for each alignment alternative will be based upon the San Francisquito Creek hydraulic
information obtained from SCVWD and preliminary roadway geometries developed by NV5. A
narrative description addressing pertinent information about each bridge and road alignment
alternative will be provided in the type selection report. A preliminary planning study cost
estimate for each alternative will also be prepared. Costs will be preliminary and will be
prepared in accordance with Caltrans Standard Planning Study Cost Estimating practices.
Upon completion of our alternative analysis, NV5 will summarize the findings of our analyses in
a Bridge Type Selection Report. This report will identify the advantages and disadvantages of
each alternative analyzed, and recommend a preferred alternative. NV5 will prepare final PS&E
project plans based on the selection of a preferred alternative by the City and the approval of the
Bridge Type Selection Report.
A draft version of the Bridge Type Selection Report will be submitted to the City and Caltrans
for review and comment. Upon receipt of the comments of the draft report, NV5 will prepare a
final Bridge Type Selection Report.
Task 8.1 Deliverable (RFP, Task G): Bridge Type Selection Report (RFP Item Technical
Memorandum -Design Parameters)
Task 8.2 – Traffic Analysis
Task 8.2.1 - Existing Traffic Condition
TJKM will collect the a.m. and p.m. peak hour turning movement volumes for three
intersections:
Newell Road/Woodland Avenue (North leg)
Newell Road /Woodland Avenue (South/Bridge leg)
Newell Road /Edgewood Drive
We are also planning to collect any bike or pedestrian volumes at the same time. In addition, 48-
hour ADT tube volumes will be collected on Newell Road (2 locations) and Woodland Avenue.
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Task 8.2.2: - Determine Potential Impact of Future Alternatives
Currently the two study intersections of Newell Road and Woodland Avenue are slightly offset.
Due to the offset and sight distance issue, both offset T-intersections are stop control on the
mainline and side streets.
The two potential future alternatives for the intersections are:
Alternative 1: Existing Roadway Alignment
Alternative 2: Re-Alignment of Newell Road
Corner Sight Distance at a Controlled Intersection
For both alternatives, intersections should be planned and located to provide as much sight
distance as possible. A substantially clear line of sight should be maintained between the driver
of a vehicle waiting to cross the road and the driver of an approaching vehicle in the right lane of
the main highway. As a minimum, there should be sufficient sight distance for the driver on the
minor street to cross the major street without requiring approaching traffic to reduce speed.
TJKM will provide sight distance visibility evaluation that is consistent with Caltrans guidelines.
All-Way or 2-Way Stop Warrants
For Alternative 2, with the re-alignment, TJKM needs to determine controls such as All-Way or
2-Way Stop based on the Manual on Uniform Traffic Control Devices (MUTCD) California
Edition that provides the following warrants for all-way stop control:
A. Where traffic control signals are justified, the multiway stop is an interim measure that can
be installed quickly to control traffic while arrangements are being made for the installation
of the traffic control signal.
B. A crash problem, as indicated by 5 or more reported crashes in a 12-month period that are
susceptible to correction by a multiway stop installation. Such crashes include right- and
left-turn collisions as well as right-angle collisions.
C. Minimum volumes:
1. The vehicular volume entering the intersection from the major street approaches
(total of both approaches) averages at least 300 vehicles per hour for any 8 hours of
an average day, and
2. The combined vehicular, pedestrian, and bicycle volume entering the intersection
from the minor street approaches (total of both approaches) averages at least 200
units per hour for the same 8 hours, with an average delay to minor street vehicular
traffic of at least 30 seconds per vehicle during the highest hour, but
3. If the 85th-percentile approach speed of the major street traffic exceeds 40 mph, the
minimum vehicular volume warrants are 70 percent of the above values.
D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to
80 percent of the minimum values. Criterion C.3 is excluded from this condition.
Option:
Other criteria that may be considered in an engineering study include:
A. The need to control left-turn conflicts;
B. The need to control vehicle/pedestrian conflicts near locations that generate high
pedestrian volumes;
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C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able
to safely negotiate the intersection unless conflicting cross traffic is also required to stop;
and
D. An intersection of two residential neighborhood collector (through) street of similar
design and operating characteristics where multiway stop control would improve traffic
operational characteristics of the intersection.
TJKM will conduct All-Way Stop analysis for the intersection based on the MUTCD criteria.
This will include collision analysis based on a review of the most current 5-year SWITRS
collision database.
Signal Warrants
For Alternative 2, if an All-Way Stop warrant is met, then TJKM will proceed to determine
whether the intersection also meets signal warrants. The warrant for a traffic control signal are
based on applicable factors contained in the MUTCD and other factors related to existing
operation and safety at the study location:
Warrant 1, Eight-Hour Vehicular Volume.
Warrant 2, Four-Hour Vehicular Volume.
Warrant 3, Peak Hour.
Warrant 4, Pedestrian Volume.
Warrant 5, School Crossing.
Warrant 6, Coordinated Signal System.
Warrant 7, Crash Experience.
Warrant 8, Roadway Network.
If an All-Way Stop warrant is not met, a signal warrant is not required since that means the
traffic volume does not exist to warrant that consideration.
Task 8.2.3: - Assess Potential Traffic Diversion and Impact of Non-Auto Model of Travel
Residents might be concerned that a widened (two 11’ lanes and bike lanes and sidewalk) and
aligned bridge (Alternative 2) could attract more diverted traffic from other locations. In order
to determine the potential for traffic to be diverted to the improved and widened bridge, TJKM
will use the collected traffic counts at the three key locations in Simtraffic micro simulation to
determine the potential future traffic on the bridge.
TJKM will also review the design and signing and striping plan to ensure that it will provide safe
travel for pedestrians and bikes.
Task 8.2.4 - Report
TJKM will prepare a letter traffic report summarizing the methodology, findings and
recommendations of the study. A draft report (complete with tables, figures and appendices)
will be provided for review. The report’s appendices will contain detailed calculations, count
data and other information used in the study. TJKM will respond to one set of comments and
finalize the report.
Task 8.2.5 - Meetings/Coordination
TJKM will meet or communicate with the City during preparation of the study. These meetings
or communication will include review, meetings to discuss the study.
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TJKM will attend two community outreach meetings. Additional attendance in public meetings
could be provided based on time and materials.
Task 8.3 - 35 % Preliminary Plans and Estimate
Upon receipt of written documentation from City of Palo Alto identifying the preferred bridge
type and road alignment for the project and the approval of the Bridge Type Selection Report,
NV5 will prepare preliminary roadway and bridge plans for the selected project alternative (one
alternative). The preliminary plans will consist of:
Title Sheet
Preliminary Typical Sections
Preliminary Roadway Plan and Profile Sheet
Right of Way Constraint Exhibit
Preliminary Bridge General Plan Sheet
These preliminary plans will provide enough data to convey a complete scope of the project. All
of the plans will be prepared in accordance with the Caltrans Local Assistance Procedures
Manual.
Concurrent with the development of the 35% plans, NV5 will prepare a preliminary construction
cost estimate. Costs will be estimated for approximate quantities of roadway materials and
structural bridge items. The cost estimate spreadsheet will be developed using Microsoft Excel.
Task 8.2 Deliverables: 10 half-size plans sheets, plus digital file on compact disc
Phase 2 - Final Design & Permitting
Task 9 - Final Design & PS&E Development (RFP Task D, E, H)
After the environmental documents have been approved and acceptance has been given on the
35% Preliminary Plans, NV5 will begin the design work and preparation of the PS&E. This
phase will include the development of the bridge and roadway plans which will be prepared in
accordance with the Bridge Design Details Manual and the Highway Design Manual as
published by Caltrans. This phase will also include the preparation of Special Provisions to
accompany the State of California Standard Specifications.
The initial step of the final design phase will be the development of the intermediate (65%)
submittal of the plans, special provisions, and estimate (PS&E).
Task 9.1 - 65% Bridge/Structural Design
NV5 will prepare a full structural design on the selected bridge alternative identified in the
Bridge Type Selection Report. The design will be conducted in accordance with:
Caltrans Bridge Design Manuals
AASHTO LRFD Bridge Design Specifications with 2006 Interims and Caltrans Addenda
(Blue Sheets)
Caltrans Seismic Design Criteria
A detailed description of NV5’s bridge design subtasks follows:
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Superstructure Design
The superstructure will be designed to meet LRFD requirements specified by Caltrans. Vertical
loads will include HL-93, Permit, and Alternative Vehicle live loads as well as prescribed dead
loads. The seismic design will adhere to the requirements specified in the Caltrans Seismic
Design Criteria and the Caltrans Memo to Designers Manual. The analysis of the bridge
superstructure will utilize the CT Bridge computer program for live loads, used by Caltrans.
Substructure Design
The support reactions from the superstructure will be used to design the substructure
components. The substructure system will incorporate structure movement, drainage, structure
approach, and seismic requirements. The substructure items will be designed in accordance with
the Caltrans Bridge Design Specifications Manual for vertical loading and lateral loading.
Seismic Design
After member sizes have been determined during the Superstructure and Substructure designs,
NV5 will analyze the bridge for seismic loading. Information that will be used to determine the
design seismic loads includes the maximum ground acceleration, and depth to bedrock. Once
NV5 has obtained the site parameters, this information will be coupled with the structural
parameters of the bridge to determine seismic loads and reactions. . Requirements in the Caltrans
Seismic Design Criteria and the Caltrans Memo to Designers Manual will be used to determine
the loading.
Task 9.2 - Roadway Design
NV5 will refine the selected horizontal and vertical roadway alignment developed in our 35%
plan submittal. NV5 will design roadway cross sections and construction details as part of this
task. Detailed earthwork calculations will be performed as well. Drainage systems and
construction staging requirements also be developed.
Task 9.3 - Traffic Control/Construction Staging Plans
NV5 will develop traffic control and construction staging plans that will allow for the
construction of the project while limiting the inconvenience and impact to the local community.
Task 9.4 - 65% Preliminary Plans, Special Provisions & Estimate
Concurrently with the design efforts for your project, NV5 will prepare the 65% PS&E. This
phase will include the development of the bridge and roadway plans, including roadway layout,
drainage, signing and striping. These plans will be prepared in accordance with the Bridge
Design Details Manual and the Highway Design Manual as published by Caltrans. This task will
also include the preparation of Special Provisions to accompany the State of California Standard
Specifications. Environmental mitigation measures, if required, will be incorporated into the
development of these documents.
Plans
The plan sheets will be prepared in English units. NV5 intends to use AutoCAD Civil 3D. We
will develop our drawing files using City of Palo Alto’s standard sheet format. We anticipate
roadway layout plans to be at a scale of 1”=40’ or 1”=20’, and roadway construction details to
be at a scale of 1”=10’ unless otherwise requested by the City. Bridge plans will be at the
required feet and inch scales.
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Plans for all submittals will include the following:
Title Sheet & Key Map
Roadway Typical Cross Section Sheet
Roadway Plan and Profile Sheets
Construction Detail Sheets
Temporary Erosion/Pollution Control Sheets
Roadway Drainage Plan
Utility Plan
Signing and Striping Plan
Traffic Control Plan
Construction Staging Plan
Bridge General Plan
Bridge Foundation Plan
Abutment Detail Sheets
Bridge Typical Section Sheet
Bridge Girder Layout Sheet
Bridge Railing Plan
Log of Test Borings Sheet
Special Provisions
NV5 will use the most current version of the Standard Special Provisions available from Caltrans
and will revise the Standard Special Provisions to meet the requirements for this specific project.
The special provisions document will be developed using Microsoft Word.
Cost Estimate (RFP Task E)
Along with the plans and special provisions, a detailed construction cost will be developed. A
Marginal Estimate will be prepared as an estimate of probable construction cost for the project.
This estimate will be based on quantity take-off calculations performed and checked by the
designer and unit cost information for each of the items listed. The unit cost data will be based
on past relevant experience with similar projects; including any City of Palo Alto construction
cost data, and the latest version of Contract Cost Data as prepared by Caltrans.
Task 9.5 - First (65%) PS&E Submittal (RFP Task G)
Upon completion of this portion of work and after the environmental documents have been
approved for your project, NV5 will submit for review and comment the 65% PS&E package.
Submittal will include 10 half-size plan sets, 10 technical specification sets (Caltrans Standard
Specifications format), 10 copies of an opinion of probable construction cost, plus digital files of
all documents on compact disc.
Task 9.6 - Independent Design Check
At the 65% complete stage of the project, a comprehensive Quality Control Review of the Plans,
Specifications, and Construction Cost Estimate will be performed by our QC manager, Jack
Abcarius. In addition, an independent bridge design check will be conducted. The independent
design check will be performed on the 65% plan set by an engineer not involved in the initial
design of the project. It will consist of a thorough review of the Bridge Plans and Draft Special
Provisions. The design checker for action or response will prepare a list of issues to be addressed
by the designer and a set of independent check calculations.
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Task 9.7 - Response to Review Comments/90% PS&E Revisions
Upon receipt of the City, State, and other review agency comments on the 65% complete project
documents, revisions will be made to the Plans, Specifications and Special Provisions in
preparation for the 90% submittal package. A written response will be prepared by the designer
addressing any reviewer or checker comments, suggestions or proposed revisions. The project
Special Provisions will also be finalized in Caltrans’ standard format for inclusion in the Bid
Documents along with the boilerplate portion provided by City of Palo Alto.
Task 9.8 - Second (90%) PS&E Submittal (RFP Task D, G)
A complete set of checked Plans, Specifications, and Construction Cost Estimate will be
submitted to City of Palo Alto and Caltrans for final review and approval. Submittal will include
10 half-size plan sets, 10 technical specification sets (Caltrans Standard Specifications format),
10 copies of an opinion of probable construction cost, plus digital files of all documents on
compact disc.
Task 9.9 - Third (100%) PS&E Submittal (RFP Task G, H)
Design comments on the 90% PS&E submittal made by City of Palo Alto and Caltrans will be
incorporated into the Final Plans Special Provisions and Estimates, as appropriate.
The 100% PS&E will include the following items:
Checked Structural Bridge Plans
Final Roadway Plans
Special Provisions for Construction
Engineer’s Estimate
Resident Engineer’s Files
These final drawings, special provisions, and estimates will be prepared in accordance with the
Local Programs Manual and presented to City of Palo Alto at the completion of the design phase
of the project. All documents will be stamped and signed by a licensed civil or structural
engineer registered in California.
Project drawings will be prepared using the City standard 24” by 36” drawing sheet size and
layout (to be provided by the City). NV5 will also utilize City standard AutoCAD layer names,
symbols and line types.
Task 10 - Regulatory Agency Permitting
Replacement of the Newell Road Bridge over San Francisquito Creek will require permits from
the Corps, Regional Water Quality Control Board (RWQCB), and DFG. ICF will prepare the
following permit applications and shepherd them through the regulatory agencies (It is assumed
that the application fees for these permits will be provided by the City.)
Section 404 Nationwide Permit 14 for Linear Crossings: ICF will prepare a
preconstruction notification (PCN) for submittal to the Corps to request authorization for
the project under NWP 14. A draft and final version of the PCN package will be
submitted to the City prior to submitting the package to the Corps.
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Clean Water Act, Section 401 Water Quality Certification Support: ICF will compile the
necessary information and submit a complete application package to the RWQCB.
Fish and Game Code Section 1602 Streambed Alteration Agreement: ICF will prepare
the required SAA notification package to be filed with DFG.
Bay Conservation and Development Commission Development Permit: The San
Francisco BCDC’s jurisdiction includes San Francisco Bay, a 100 foot shoreline band
that extends 100 feet inland from the upland edge of the BCDC’s Bay jurisdiction and
certain named waterways that drain into the Bay. ICF will contact BCDC to determine if
it has jurisdiction. If BCDC has jurisdiction, ICF will complete the application for a
development permit and provide the required supporting documentation.
ICF assumes that appropriate, approved banks are available in the area and have the necessary
number of credits available for purchase to achieve the compensation that will be required by the
permitting agencies. ICF also assumes that habitat mitigation and monitoring plan will not be
required for this project.
Task 11 Deliverables (RFP Task G): NEPA/CEQA Documentation in format acceptable
to Caltrans and the City of Palo Alto Planning Division; Completed regulatory permit
applications and supporting materials.
Phase 3 - Bidding & Construction Support
Task 11 - Post Design Services (RFP Task I)
Task 11.1 - Bidding Assistance
Upon completion of the final design phase of your project, NV5 will provide Bidding
Assistance. NV5 will assist the City in answering technical questions relative to the plans,
special provisions, and quantity estimates, and the preparation of required PS&E addendums.
Task 11.2 - Construction Support Services
NV5 will provide construction support services for the project. The services for this task include:
Making field visits to the construction site
Attending weekly construction meetings and prepare weekly meeting agendas and
minutes
Responding to contractors’ requests for information (RFI’s)
Reviewing contractor submittals and shop drawings.
Reviewing and addressing contractor requested change orders
Inspecting the project to determine whether the work is substantially complete and
preparing a punch list of items to be completed prior to final acceptance.
Confirming completion of contractor’s punch list items prior to final payment.
Preparing as-built drawings based on Resident Engineer red lines at the completion of the
project. Files will be delivered in AutoCAD format. Each document file will be
accompanied by a metadata text file, including the date of the file, the company name,
contract information, and the name of the technician who prepared the document.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Milestones Completion
No. of Weeks
From NTP
1. Project Management 67
2. Existing Document Review 2
3. Utility Coordination 44
4. Environmental Studies 44
5. Survey 10
6. Bridge Hydraulic Report 18
7. Geotechnical Investigations 20
8. Preliminary Engineering and Type Selection 28
9. Final Design 63
10. Regulatory Agency Permitting 63
11. Bidding & Construction Support 67
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$471,977. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $519,177. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s project manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $ 471,977 and the total
compensation for Additional Services does not exceed $ 47,200.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $69,927
(Project Management)
Task 2 $7,024
(Existing Document Review)
Task 3 $9,538
(Utility Coordination)
Task 4 $94,985
(Environmental Clearance Documents)
Task 5 $24,076
(Survey & Base Mapping)
Task 6 $31,650
(Location Hydraulic Study/Bridge Hydraulic Report)
Task 7 $35,903
(Geotechnical Investigations)
Task 8 $56,356
(Preliminary Engineering & Type Selection)
Task 9 $118,405
(Final Design & Permitting)
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Task 10 $13,232
(Regulatory Agency Permitting)
Task 11 $10,880
(Construction Bid Assistance)
Sub-total Basic Services $471,977
Reimbursable Expenses (included in total above)
Total Basic Services & Reimbursable expenses $471,977
Additional Services (Not to Exceed) $ 47,200
Maximum Total Compensation $519,177
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $500 shall be approved in advance by
the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY’s project manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement.
Professional Services
Rev. Nov.7, 2011
31
Professional Services
Rev. Nov.7, 2011
32
EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Professional Services
Rev. Nov.7, 2011
33
EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN
THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
Professional Services
Rev. Nov.7, 2011
35
Professional Services
Rev. Nov.7, 2011
36
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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X
4027186653
5/1/2011
4027186569 5/1/2011 X
X
$5,000,000
$10,000,000
2,000,000
2,000,000
1,000,000
Certificate Department
Ea Claim
Aggregate
X
1,000,000
Stop Gap Liability
B
100,000
1,000,000
Nolte Associates, Inc.
2495 Natomas Park Drive, Fourth Floor
Sacramento, CA 95833 United States
Re: City of Palo Alto Newell Road Bridge. Additional Insured coverage applies to General and Automobile Liability for
City of Palo Alto, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES per policy form. Primary coverage applies to
General and Automobile Liability per policy form. Prof. Liab. - Claims made, defense costs included within limit.
Cavignac & Associates will provide 30 days notice of cancellation to the Certificate Holder in the event of policy
cancellation.
Jeffrey W. Cavignac
B
619-234-8601
1,000,000
5/1/2012
2/22/2012
X
X
4027186605
Cavignac & Associates
450 B Street, Suite 1800
San Diego, CA 92101-8005
License No. OA99520
City of Palo Alto
P.O. BOX 10250
Palo Alto, CA 94303
United States
A
X
C
CONTINENTAL INS CO 35289
VALLEY FORGE INS CO 20508
HUDSON INS CO 25054
5,000
1,000,000
5/1/2012
5/1/2012
Cross Liab/Sev of Int
1,000,000
X
X
AEE7260500
174640
5/1/2011
Professional Liability
certificates@cavignac.com
1,000,000
5/1/20125/1/2011
619-234-6848
NOLTE-1
EXIGIS - CAVIGNAC & ASSOCIATES 174640 Page 2 of 5
POLICY #: COMMERCIAL AUTOCA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are “insureds” under the Who Is An Insured Provi-sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement Effective: Countersigned By:
Named Insured:
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an “insured” for Liability Coverage, but only to the extent
that person or organization qualifies as an “insured” under the Who Is An Insured Provision contained in Section II of the Coverage Form.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998
5/1/2011
4027186605
Nolte Associates, Inc.
2495 Natomas Park Drive, Fourth Floor
Sacramento, CA 95833 United States
Jeffrey W. Cavignac
Blanket as required by written Contract
Page 3 of 5
G-140331-C
(Ed. 10/10)
Policy No. 4027186653
G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2
(Ed. 10/10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
- WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons Or Organizations
(As required by "written contract" per Paragraph A. below.)
Locations of Covered Operations
(As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.)
A. Section II - Who Is An Insured is amended to
include as an additional insured:
1. Any person or organization whom you are
required by "written contract" to add as an
additional insured on this Coverage Part; and
2. The particular person or organization, if any,
scheduled above.
B. The insurance provided to the additional insured is
limited as follows:
1. The person or organization is an additional
insured only with respect to liability for "bodily
injury," "property damage," or "personal and
advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf
in the performance of your ongoing operations
specified in the "written contract"; or
c. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products-completed operations hazard,"
and only if:
(1) The "written contract" requires you to
provide the additional insured such
coverage; and
(2) This Coverage Part provides such
coverage.
2. We will not provide the additional insured any
broader coverage or any higher limit of
insurance than the least that is:
a. Required by the "written contract";
b. Described in B.1. above; or
c. Afforded to you under this policy.
3. This insurance is excess of all other insurance
available to the additional insured whether on a
primary, excess, contingent or any other basis.
But if required by the "written contract," this
insurance will be primary and non-contributory
relative to insurance on which the additional
insured is a Named Insured.
4. The insurance provided to the additional
insured does not apply to "bodily injury,"
"property damage," or "personal and advertising
injury arising out of:
a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; and
(2) Supervisory, inspection, architectural or
engineering activities; or
b. Any premises or work for which the
additional insured is specifically listed as an
Page 4 of 5
G-140331-C
(Ed. 10/10)
Policy No. 4027186653
G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2
(Ed. 10/10)
additional insured on another endorsement
attached to this Coverage Part.
C. SECTION IV – COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
1. The Duties In The Event of Occurrence,
Offense, Claim or Suit condition is amended
to add the following additional conditions
applicable to the additional insured:
An additional insured under this endorsement
will as soon as practicable:
(1) Give us written notice of an "occurrence" or
an offense which may result in a claim or
"suit" under this insurance, and of any claim
or "suit" that does result;
(2) Except as provided in Paragraph B.3 of this
endorsement, agree to make available any
other insurance the additional insured has
for a loss we cover under this Coverage
Part;
(3) Send us copies of all legal papers received,
and otherwise cooperate with us in the
investigation, defense, or settlement of the
claim or "suit"; and
(4) Tender the defense and indemnity of any
claim or "suit" to any other insurer or self
insurer whose policy or program applies to
a loss we cover under this Coverage Part.
But if the "written contract" requires this
insurance to be primary and non-
contributory, this provision (4) does not
apply to insurance on which the additional
insured is a Named Insured.
We have no duty to defend or indemnify an
additional insured under this endorsement until
we receive from the additional insured written
notice of a claim or "suit."
2. With respect only to the insurance provided by
this endorsement, the first sentence of
Paragraph 4.a. of the Other Insurance
Condition is deleted and replaced with the
following:
4. Other Insurance
a. Primary Insurance
This insurance is primary and non-
contributory except when rendered
excess by endorsement G-140331-C,
or when Paragraph b. below applies.
D. Only for the purpose of the insurance provided by
this endorsement, SECTION V – DEFINITIONS is
amended to add the following definition:
"Written contract" means a written contract or
written agreement that requires you to make a
person or organization an additional insured on this
Coverage Part, provided the contract or agreement:
1. Is currently in effect or becomes effective during
the term of this policy; and
2. Was executed prior to:
a. The "bodily injury" or "property damage"; or
b The offense that caused the "personal and
advertising injury"
for which the additional insured seeks coverage
under this Coverage Part.
Page 5 of 5
EXHIBIT “E”
CERTIFICATION OF LOCAL AGENCY
Local Assistance Procedures Manual EXHIBIT E
Certification of Local Agency
CERTIFICATION OF LOCAL AGENCY
I HEREBY CERTIFY that I am the Director of Public Works of the City of Palo Alto (local agency), and
that the consulting firm of Nolte Associates, Inc. or its representative has not been required (except
as herein expressly stated), directly or indirectly, as an express or implied condition in connection
with obtaining or carrying out this Agreement to:
(a) employ, retain, agree to employ or retain, any firm or person, or
(b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or
consideration of any kind.
I acknowledge that this Certificate is to be made available to the California Department of Transportation
(Caltrans) in connection with this Agreement involving participation of federal-aid highway funds, and is
subject to applicable state and federal laws, both criminal and civil.
____________________________ ________________________________
(Date) (Signature)
LPP 06-02 Page 10-45
May 1, 2006
Professional Services
Rev. Nov.7, 2011
37
Professional Services
Rev. Nov.7, 2011
39
EXHIBIT “G”
FEDERAL GRANT REQUIREMENTS
Subcontractors
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the City and any subcontractors, and no subcontract shall relieve the Consultant of
his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully
responsible to the City for the acts and omissions of its subcontractors and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the Consultant. The Consultant's obligation to pay its subcontractors is
an independent obligation from the City's obligation to make payments to the Consultant.
B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall
contain all the provisions stipulated in this Agreement to be applicable to subcontractors.
C. Consultant shall pay its subcontractors within ten (10) calendar days from receipt of each
payment made to the Consultant by the City.
D. Any substitution of subcontractors must be approved in writing by the City’s Contract
Manager in advance of assigning work to a substitute subcontractor.
Disadvantaged Business Enterprise (DBE) Participation
A. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs.”
Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its
federally mandated statewide overall DBE goal.
B. The City has set an underutilized DBE (UDBE) goal of 5% for this Project. The Consultant
must meet the UDBE goal by committing UDBE participation or document a good faith
effort to meet the goal. If a UDBE subconsultant is unable to perform, the Consultant must
make a good faith effort to replace him/her with another UDBE subconsultant, if the goal is
not otherwise met. A UDBE is a firm meeting the definition of a DBE as specified in 49
CFR and is one of the following groups: African Americans, Native Americans, Asian-
Pacific Americans, or Women.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to
participate in the performance of agreements financed in whole or in part with federal funds.
The Consultant, sub-recipient or subconsultant shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Agreement. The Consultant shall
carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US
DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a
material breach of this Agreement, which may result in the termination of this Agreement or
such other remedy as the recipient deems appropriate.
D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
Professional Services
Rev. Nov.7, 2011
40
of this section.
Performance of DBE Consultant and other DBE Subconsultants/Suppliers
A. A DBE performs a commercially useful function when it is responsible for execution of the
work of the Agreement and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function,
the DBE must also be responsible with respect to materials and supplies used on the
Agreement, for negotiating price, determining quality and quantity, ordering the material,
and installing (where applicable) and paying for the material itself. To determine whether a
DBE is performing a commercially useful function, evaluate the amount of work
subcontracted, industry practices; whether the amount the firm is to be paid under the
Agreement is commensurate with the work it is actually performing; and other relevant
factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of an
extra participant in a transaction, Agreement, or project through which funds are passed in
order to obtain the appearance of DBE participation. In determining whether a DBE is such
an extra participant, examine similar transactions, particularly those in which DBEs do not
participate.
C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost
of its Agreement with its own work force, or the DBE subcontracts a greater portion of the
work of the Agreement than would be expected on the basis of normal industry practice for
the type of work involved, it will be presumed that it is not performing a commercially
useful function.
Prompt Payment of Funds Withheld to Subcontractors
A. No retainage will be withheld by the City from progress payments due the prime Consultant.
Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be
held by the prime Consultant from progress due subcontractors. Any violation of this
provision shall subject the violating prime consultant or subconsultants to the penalties,
sanctions, and other remedies specified in Section 7108.5 of the California Business and
Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the prime consultant or
subconsultant in the event of a dispute involving late payment or nonpayment by the prime
consultant or deficient subconsultant performance, or noncompliance by a subconsultant.
This provision applies to both DBE and non-DBE prime consultants and subconsultants.
DBE Records
A. The Consultant shall maintain records of materials purchased and/or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each DBE
or vendor, regardless of tier. The records shall show the date of payment and the total dollar
figure paid to all firms. DBE prime consultants shall also show the date of work performed
Professional Services
Rev. Nov.7, 2011
41
by their own forces along with the corresponding dollar value of the work.
B. Upon completion of the Agreement, a summary of these records shall be prepared and
submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business
Enterprise (DBE), First-Tier Subcontractors,” CEM-2402F (Exhibit 17-F, Chapter 17, of the
Caltrans Local Agency Procedures Manual), certified correct by the Consultant or the
Consultant’s authorized representative and shall be furnished to the City’s Contract Manager
with the final invoice. Failure to provide the summary of DBE payments with the final
invoice will result in 25% of the dollar value of the invoice being withheld from payment
until the form is submitted. The amount will be returned to the Consultant when a
satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-
Tier Subcontractors” is submitted to the City’s Contract Manager.
DBE Certification and Decertification Status
A. If a DBE subconsultant is decertified during the life of the Agreement, the decertified
subconsultant shall notify the Consultant in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant
shall notify the Consultant in writing with the date of certification. Any changes should be
reported to the City’s Contract Manager within 30 days.
Prevailing Wages
A. Any inspection and land surveying work performed by Consultant or its subconsultants under
this Agreement is subject to the Prevailing Wage law. To the extent any Services covered
under this Agreement are covered by the Prevailing Wage law, the following requirements
shall apply.
1. Pursuant to the provisions of Section 1773 of the Labor Code of the State
of California, the City Council has obtained the general prevailing rate of per diem wages
and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of worker needed to execute the contract for this Project from the
Director of the Department of Industrial Relations. Copies of these rates may be obtained
at cost at the Purchasing office of the City of Palo Alto. Contractor shall post a copy of
applicable exhibits/wage rates at each Site. Contractor to whom the Construction Contract
is awarded and any Subcontractor agree to pay wages and benefits not less than said
specified rates to all workers employed by them in the execution of the Construction
Contract.
2. In accordance with the Labor Code, prevailing wage rate determinations
for the work to be done on this Project are maintained at the City’s Purchasing office.
Professional Services
Rev. Nov.7, 2011
42
3. A person or concern who fails to do so shall be subject to the penalties
provided for in Section 1775 of the Labor Code. In addition, pursuant to Labor Code
Section 1775 (a)(2)(E), if a penalty is assessed against a Contractor or subcontractor for
violation of the prevailing wage law, the Contractor or subcontractor must pay to each
worker the difference between the wages paid to that worker and the prevailing wage
required by law.
4. In the event there is a determination that Contractor is in violation of
prevailing wage requirements, Contractor shall reimburse City for all investigative costs
incurred.
5. Contractor and all Subcontractors shall keep accurate payroll records,
showing the name, address, social security number, job classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journey worker, apprentice, worker, or other employee employed in connection with the
Work. All payroll records shall be certified in accordance with Labor Code Section 1776
by Contractor or Subcontractors keeping such records on forms satisfactory and in
accordance with instructions to be furnished by City.
6. Contractor shall submit certified payrolls to the City on a weekly basis, or
as otherwise requested by the Construction Manager. The Contractor shall be responsible
for also submitting to the City certified payrolls of all subcontractors.
7. Contractor and each Subcontractor shall preserve their payroll records for
a period of 3 years from the date of completion of the Work.
8. Special Access Inspection. Certified payroll records shall be available for
inspection at all reasonable hours at the principal office of Contractor to the following
categories of people as follows:
8.1 A certified copy of an employee's payroll record shall be made available for
inspection or furnished to such employee or the employee's authorized representative upon
request.
8.2 A certified copy of all Contractor and Subcontractor payroll records shall
be made available for inspection upon request to City, the State of California Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards of the State
of California Division of Industrial Relations. A certified copy of all payroll records shall
be furnished to City or its representatives upon request.
9. Public Inspection. A certified copy of all payroll records shall be made
available upon request by the public for inspection or copies thereof made; provided,
however, that the request by the public shall be made to either City, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public
shall not be given access to such records at the principal offices of Contractor or
Subcontractors. Any copy of the records made available for inspection as copies and
furnished upon request to the public or any public entity by City shall be marked or
Professional Services
Rev. Nov.7, 2011
43
obliterated in such a manner as to prevent disclosure of an individual's name, address, and
social security number. The name and address of Contractor awarded the Construction
Contract or performing the Construction Contract shall not be marked or obliterated.
10. Contractor shall file a certified copy of the payroll records with the entity
that requested the records within ten (10) Days after receipt of a written request.
Contractor shall inform City of the location of such payroll records for the Project,
including the street address, city, and county; and Contractor shall, within five (5) days,
provide notice of change of location of such records. In the event the Contractor or
subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the
City forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each
worker, until strict compliance is effectuated. Such forfeiture amounts may be deducted
from the Contract Sum. A Contractor is not subject to a penalty pursuant to this section
due to the failure of a subcontractor to comply with this section.
11. Attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the State of
California Labor Code and Title 8, California Code of Regulations, Section 200, and the
applicable sections that follow. To ensure compliance and complete understanding of the
law requiring apprentices, and specifically the required ratio thereunder, Contractor or
Subcontractors should, where some question exists, contact the Division of Apprenticeship
Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch
offices prior to commencement of the Work. Responsibility for compliance with these
requirements lies with Contractor.
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Attachment C
COST SHARE AGREEMENT
BETWEEN CITY OF PALO ALTO AND SANTA CLARA VALLEY WATER DISTRICT
REGARDING NEWELL ROAD BRIDGE REPLACEMENT PROJECT
This Cost Share Agreement (this “Agreement,”) dated ____________, 2012, is between
the City of Palo Alto, a chartered municipal corporation (“City,”) and the Santa Clara Valley
Water District, a state of California Special District (“District”).
RECITALS
THIS AGREEMENT is made with reference to the following:
A. In 1999, the Cities of Palo Alto, Menlo Park and East Palo Alto, along with the Santa
Clara Valley Water District and San Mateo County Flood Control District created the San
Francisquito Creek Joint Powers Authority (“JPA”). The JPA’s purpose is to plan,
control and enhance flood control measures for the San Francisquito Creek watershed.
B. The JPA is exploring several projects that will assist in flood protection. One of the
projects identified by the JPA is the replacement of the Newell Road Bridge over San
Francisquito Creek.
C. The District has determined a number of feasible alternatives to provide 1-percent flood
protection and environmental benefits between the San Francisco Bay and Searsville
Dam. Each of these alternatives identifies the Newell Road Bridge as undersized to
convey the project’s 1-percent design flow.
D. It is in the best interest of the District and the City to explore replacing the existing
Newell Road Bridge with a new bridge with 1-percent capacity. Because this project
provides natural flood protection for residents, businesses, and visitors, preserves flood
capacity and reduces flood risks in flood prone areas as set out in District Governance
Policies 1.4 and E-3, this agreement is in the District’s best interest.
E. In 2010, at the request of the JPA, the City applied for a grant from the Caltrans Highway
Bridge Program for preliminary engineering, including engineering design and
environmental assessment, for the replacement of the Newell Road Bridge over San
Francisquito Creek. As part of the grant program, Caltrans requires that a local match of
11.47% of the cost of the work be paid by the agency receiving the grant. In
consideration of the City applying for the grant, the JPA offered to pay the local match.
F. Caltrans awarded a Highway Bridge Program grant to the City allowing a maximum
expenditure of $360,000 for preliminary engineering for the Newell Road Bridge
Replacement Project. The City has requested that Caltrans modify the grant award to
increase the allowed expenditure amount to $522,143. If the modified grant is approved,
Caltrans will reimburse Palo Alto for 88.53% of the cost of the work ($462,253). The
remaining 11.47% of the cost of the work ($59,890) must be provided by the grant
recipient, as local matching funds.
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G. The District owns an easement along a portion of San Francisquito Creek adjacent to the
Newell Road Bridge and flood facilities in the vicinity downstream from the Newell
Road Bridge. Funding provided under this Agreement will not adversely affect existing
District property or ongoing projects.
H. Contributing to the City of Palo Alto via this agreement effectively implements the
District’s Clean Safe Creeks program, which provides for planning and design work for
the San Francisquito Creek Project, as described in Table 1 of the Clean Safe Creeks
2000 Ballot Measure.
I. Funding provided under this agreement does not include construction work tasks and is
for planning and design purposes only.
The purpose of this agreement is to memorialize the District’s agreement to pay the local
matching funds associated with project planning and design to the City and the City’s
agreement to manage the engineering and environmental assessment phase of the project.
NOW, THEREFORE, the City of Palo Alto and the Santa Clara Valley Water District
hereby agree as follows:
SECTION I
SCOPE OF WORK
1.1 The City will obtain a consultant to prepare preliminary engineering design and environmental
assessment for the replacement of the Newell Road Bridge over San Francisquito Creek to convey
1-percent design flow .
1.2 The District will provide review and technical support to the City which will prepare
preliminary design and environmental assessment for the Newell Road Bridge over San
Francisquito Creek.
SECTION II
DUTIES
2.1 If the modified Caltrans grant is awarded to the City, the District agrees to pay the local
matching portion in an amount not to exceed $59,890 as invoiced by the City.
.2.2 The District and City (hereafter referred to as “Parties”) shall follow the following
procedures for invoicing and paying of the local match:
a. City of Palo Alto agrees to send an invoice to the Santa Clara Valley Water District at
the end of each month seeking reimbursement for the project costs incurred during the
month.
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b. The Santa Clara Valley Water District agrees to review the project invoice, determine
if the project design is adequate for Santa Clara Valley Water District purposes, and
provide input to the project design as necessary. Pending acceptance of the project,
the Santa Clara Valley Water District agrees to pay to Palo Alto the amount stated in
the invoice within a month from the date on which the invoice was received.
c. If the Santa Clara Valley Water District determines it will be late with a payment, it
shall notify the City’s Director of Public Works in writing at least two business days
before the regularly scheduled payment date of its intent to make a late payment,
including the date of when the payment will be made.
SECTION III
INDEMNIFICATION AND INSURANCE
3.1 In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be
imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that
all losses or liabilities incurred by a party shall not be shared pro rata but, instead, District and
City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall
fully indemnify and hold each of the other parties, its officers, board members, employees, and
agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined in Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees, or agents,
under or in connection with or arising out of any work, authority, or jurisdiction delegated to
such party under this AGREEMENT. No party, nor any officer, board member, or agent thereof
shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other party hereto, its officers, board members,
employees, or agents, under or in connection with or arising out of any work authority or
jurisdiction delegated to such other party under this AGREEMENT.
3.2 District and the City shall each require any consultant, contractor, or any other person or
entity performing any part of the work set forth in Section 1 to secure and maintain in full force
and effect at all times while undertaking the work and until the work is accepted by District and
City, public liability and property damage insurance in forms and limits of liability acceptable to
both City and District, naming City and District and their respective officers, employees and
agents as additional insured from and against all damages and claims, loss, liability, cost or
expense arising out of or in any way connected with undertaking the work.
SECTION IV
ADDITIONAL PROVISIONS
4.1 A party’s waiver of any term, condition or covenant, or breach of any term, condition, or
covenant shall not be construed as a waiver of any other term, condition or covenant or breach of
any other term, condition or covenant.
4.2 This AGREEMENT contains the entire AGREEMENT between DISTRICT and CITY
relating to work effort. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this AGREEMENT are of no force or effect.
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4.3 If any term, condition or covenant of this AGREEMENT is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT
shall be valid and binding on DISTRICT and CITY.
4.4 This AGREEMENT shall be governed and construed in accordance with the laws of the
State of California.
4.5 This AGREEMENT may be executed in counterparts and will be binding as executed.
4.6 The term of this AGREEMENT will commence upon execution of the AGREEMENT by
both parties and terminate upon work effort acceptance by City and District and receipt by City
of payment in full by District.
4.7 All changes or extensions to this AGREEMENT must be in writing in the form of an
amendment approved by both parties.
4.8 This AGREEMENT is entered into only for the benefit of the parties executing this
AGREEMENT and not for the benefit of any other individual, entity, or person.
4.9 Either District or City may terminate the AGREEMENT at any time prior to award of the
consultant contract/s for the work effort upon a thirty (30) day written notice. Once the
consultant contract(s) for the work effort has been awarded, the AGREEMENT can be
terminated only upon the mutual written consent and terms acceptable to both parties.
SECTION V
NOTICES
Notices given under this AGREEMENT may be delivered by first class mail addressed to
the appropriate party at the following addresses:
TO DISTRICT: Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Attn: Saeid Hosseini, Senior Project Manager
TO CITY: City of Palo Alto
Department of Public Works
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Joe Teresi, Senior Engineer
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set
forth above.
CITY OF PALO ALTO
By: ____________________________
SANTA CLARA VALLEY
WATER DISTRICT
By:__________________________
City Manager
APPROVED AS TO FORM:
_______________________________
Senior Assistant City Attorney
Chief Executive Officer
APPROVED AS TO FORM:
_____________________________
Senior Assistant District Counsel
APPROVED:
_______________________________
Director of Public Works