HomeMy WebLinkAboutStaff Report 12368
City of Palo Alto (ID # 12368)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/22/2021
City of Palo Alto Page 1
Summary Title: Newell Road Bridge Design Contract Amendment No.4
Title: Approval of: 1) Contract Amendment Number Four to Contract Number
C12142825 with NV5, Inc in an Amount Not to Exceed $527,146 to
Incorporate the Approved California Department of Trans portation (Caltrans)
Additional Budget Request for the Newell Road/San Francisquito Creek
Bridge Replacement Project, Capital Improvement Program (CIP) Project PE -
12011, and to Extend the Contract through December 31, 2024; 2) a
Cooperation Agreement with the City of East Palo Alto; and 3) A Budget
Amendment in the Capital Improvement Fund
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute Amendment No. 4
to Contract No. C12142825 with NV5, Inc. (Attachment A) in a not -to-exceed amount of
$527,146 for design, permitting, and construction support on the Newell Road/San
Francisquito Creek Bridge Replacement Project (PE-12011), including $504,661 for basic
services and $22,485 for additional services and to extend the Contract through
December 31, 2024. This amendment results in a total not-to-exceed contract amount of
$1,881,323;
2. Approve and authorize the City Manager to their designee to execute the Cooperation
Agreement with East Palo Alto (Attachment B); and
3. Amend the Fiscal Year 2022 Budget Appropriation for the Capital Improvement Fund by
(2/3 approval needed):
a. Increasing the revenue from the State of California by $608,330; and
b. Increasing the expenditure appropriation for the Newell Road/San Francisquito
Bridge Replacement Project (PE-12011) by $608,330.
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Background
The abutments of the existing Newell Road Bridge over San Francisquito Creek 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. Newell Road Bridge is one of the
bridges under study by the San Francisquito Creek Joint Powers Authority (JPA) that needs to be
removed or replaced in order to provide 1% flood conveyance capacity in the creek and
increased flood protection to area residents and businesses. Furthermore, the bridge was
constructed in 1911 and is considered functionally obsolete. The traffic lanes are substandard,
the sight distances from the bridge are poor, and the bridge has no provision for bicycle or
pedestrian traffic.
On July 11, 2011, Council approved a budget appropriation for a new Capital Improvement
Program project to replace the Newell Road Bridge and authorized staff to accept Caltrans
Highway Bridge Program grant funds to pay for the majority of project costs (Staff Report ID
#1810).
On April 9, 2012, Council approved Contract C12142825 with Nolte Associates, Inc. in the
amount of $519,177 for the design and environmental assessment of the replacement b ridge
(Nolte Associates, Inc. has since changed its corporate name to NV5, Inc.). Council also
approved a cost share agreement with Valley Water providing for contribution of local
matching funds to supplement the Caltrans grant funding (Staff Report ID #2501).
On June 3, 2013, Council approved Contract Amendment No. 1 to Contract C12142825 in a not-
to-exceed amount of $167,000 to conduct an alternatives analysis and associated traffic study
to evaluate and select feasible project alternatives for inclusion in the full environmental impact
report (EIR) review process (Staff Report ID #3599).
On April 13, 2015 Council approved Contract Amendment No. 2 to Contract C12142825 in a
not-to-exceed amount of $668,000 for completion of an EIR. NV5, Inc.’s total not-to-exceed
contract amount with the two amendments is $1,354,177. Changes to the scope and fee of
NV5, Inc.’s contract were discussed with and approved by Caltrans and Valley Water, whose
contributions are $1,040,058 and $314,119, respectively, based on Amendment No. 2 to the
contract (Staff Report ID #5549).
On June 1, 2020 Council approved the Final EIR, making the required finding s, and adopting a
statement of overriding consideration and a Mitigation Monitoring and Reporting Plan, all in
accordance with California Environmental Quality Act (CEQA). Council also approved
Amendment No. 3 to Contract C12142825 to update the Schedule of Performance and extend
the contract time to December 31, 2021 to complete the design phase of the Project (Staff
Report ID #11184).
City of Palo Alto Page 3
Discussion
NV5, Inc. Contract Amendment
On August 14, 2019, staff submitted a 6-D application to Caltrans for the Newell Road Bridge
Replacement Project requesting additional funds for Preliminary Design Engineering in the
amount of $574,146 and updating the estimated construction cost to $7,682,000. The
additional funds requested were due to several factors including preparation of additional
exhibits, coordination with other agencies during the environmental review process, adjusting
the consultant’s schedule of rates from the original contract to a current schedule of rates, and
increasing the consultant’s construction support scope and associated budget.
Following multiple iterations of comments and review s by Caltrans Local Assistance and
Headquarters, the application request was approved on August 5, 2020. In addition, Caltrans
had previously approved an amount of $113,000 for Right-of-Way acquisition. Once the 6-D
approval was obtained, staff submitted the 3-A application to Caltrans, requesting that the
approved funds for Preliminary Engineering and Right-of-Way Acquisition be programmed for
Fiscal Year 2022. On December 18, 2020 Caltrans agreed to program the funds requested for
Fiscal Year 2022. Out of the total $574,146 approved by Caltrans, $47,000 is appropriated for
City expenses such as past and future permit fees. The remaining $527,146 will be added to the
contract through Amendment No. 4 for NV5, Inc. to complete the project.
Highway Bridge Program grants typically reimburse the grantee 88.53% of elig ible project
expenses. Of the total $687,146 in project costs approved by Caltrans, $608,330 will be
reimbursed by Caltrans and recognized and appropriated in this memorandum. Through an
existing Cost Share Agreement, Valley Water has provided the 11.47% local match for prior
costs associated with this project. Valley Water has agreed to continue to provide the local
match for the additional funds necessary to complete design, and staff is currently working with
Valley Water staff to finalize Cost Share Agreement Amendment No. 3. Once completed,
Amendment No. 3 will be brought to Council for approval along with the recognition and
appropriation of the remaining $78,816 in reimbursement revenue. In addition, Valley Water’s
local match contribution for consultant fees associated with Bidding and Construction Support
will be part of a future funding agreement. These expenses may also be addressed through the
future construction cost funding agreement for the San Francisquito Creek Flood Reduction,
Ecosystem Restoration and Recreation Project Upstream of Highway 101. As a result of the
City’s funding partnership with Caltrans and Valley Water, the cost of the proposed contract
amendment with NV5, Inc. will be fully reimbursed.
Staff coordinated with the member agencies to review and develop the updated scope and cost
associated with the contract amendment. The tasks and schedule outlined in the contract
amendment comprise the remaining steps in the project development process for the Newell
Road Bridge Replacement Project. This contract is on the City’s professional services template,
which permits the City to terminate without cause/for convenience by providing written notice
to the contractor. In the event the City finds that due to the challenging budget situa tion City
resources need to be refocused elsewhere, the City can terminate for convenience. Other
City of Palo Alto Page 4
options include termination due to non-appropriation of funds or amending the contract to
reduce the cost, for example, by reducing the scope of work. The contract may also be
temporarily suspended by written notice of the City Manager.
Cooperation Agreement with the City of East Palo Alto
As described at the June 1, 2020 City Council meeting, the Newell Road Bridge Replacement
Project includes improvements within Woodland Avenue and Newell Road in the City of East
Palo Alto. These improvements include replacing existing concrete curbs, sidewalk, and
pavement near the bridge approach, and are required to conform with the new bridge deck
elevation. Since this work is located outside of Palo Alto’s jurisdiction, staff partnered with the
City of East Palo Alto to develop a Cooperation Agreement that describes how the two cities
will work together to assure an efficient an d successful project. The agreement was reviewed
and approved by the City of East Palo Alto City Council and signed by the City of East Palo Alto’s
Director of Public Works and City Manager on October 29, 2020. It was then inadvertently
executed by Palo Alto staff without City Council approval. Staff recommends that Council ratify
the Cooperation Agreement.
Timeline
Council adopted the CEQA document and approval of Architectural Review application on
June 1, 2020. Caltrans as the lead federal agency for the project approved the Environmental
Assessment under National Environmental Policy Act (NEPA) and provided a Finding of No
Significant Impact on May 21, 2020. The City’s consultant, NV5 , Inc., will further the design
and prepare documents including the following: Type Selection Report, Construction Plans,
Preliminary Engineering Specifications, and Cost Estimate (PS&E) for the project.
• The PS&E will be completed by September 2022.
• The City will obtain all the required permits and approvals from regulatory state
and federal resource agencies such as: a 404 permit from United States Army
Corps of Engineers, a 401 permit from the Regional Water Quality Control Board,
and a Streambank Alteration Agreement from California Department of Fish and
Wildlife by September 2022.
• The City will secure and obtain all the necessary temporary and permanent
easements by October 2022.
• Construction bids will be solicited in November 2022.
• The construction of the Newell Road Bridge Replacement project, which will
require the closure of the Newell Road bridge for the duration of construction, is
planned to commence in March 2023. The work within the creek banks can
commence in June and will need to be completed by October 15, 2023, in
accordance with standard regulatory restrictions. Restoration and improvements
of Newell Road and Woodland Avenue along East Palo Alto and Newell Road along
Palo Alto will be completed by Summer 2024.
City of Palo Alto Page 5
This timing is consistent with the planned execution of the San Francisquito Creek Joint Powers
Authority (SFCJPA) San Francisquito Creek Flood Reduction, Ecosystem Restoration and
Recreation Project Upstream of Highway 101. The District/SFCJPA project may perform the
creek widening scope of work associated with the upstream project concurrently with Newell
Road Bridge Replacement project. The Pope-Chaucer Street bridge will be replaced once the
construction of the Newell Road Bridge Replacement project is complete. Current plans are to
keep Pope-Chaucer Street open during the Newell Road Bridge work, avoiding the two bridges
being closed to traffic simultaneously.
Resource Impact
Funding for this contract is available in the Fiscal Year 2021 Capital Improvement Program
Newell Road/San Francisquito Creek Replacement Project (PE-12011). The Caltrans Highway
Bridge Program grant will provide reimbursement for 88.53% of the cost of the project. Staff is
working with Valley Water to amend the existing agreement for reimbursement to include the
local match for the additional project costs approved by Caltrans.
The Fiscal Year 2022 expenditure appropriation for capital project PE-12011 as well as the State
of California revenue estimate are recommended to be adjusted to recognize the additional
funding of $608,330 from Caltrans described in the discussion section of this report. Staff
expects to complete the amended agreement with Valley Water in summer 2021 and will
return to Council for approval of the agreement and a budget amendment to recognize the
local match funding in the amount of $78,816 following Council’s summer break.
Policy Implications
The contract amendment with NV5, Inc. and Cooperation Agreement with City of East Palo alto
are consistent with Creeks and Riparian Areas Goal N-3 and Comprehensive Plan Policy N-3.8.
The project is working cooperatively with San Francisquito Creek Joint Power Authority (SFC
JPA) to implement flood protection measures by replacing the bridge that has been determined
as obsolete by California Department of Transportation . The bridge project also takes measures
to preserve and protect natural habitat of San Francisquito Creek.
Stakeholder Engagement
Since its inception, the Newell Road Bridge Replacement Project has hosted over a dozen
community meetings to help identify alternatives, determine the alternative screening analysis,
meet CEQA and NEPA requirements, and provide an opportunity for members of the
community to listen and ask questions associated with the project. Several of these
presentations occurred in front of Boards and Commissions including Palo Alto’s Planning and
Transportation Commission, Architectural Review Board, and City Council; East Palo Alto’s
Public Works and Transportation Commission; and San Francisquito Creek Joint Power’s
Authority Board. Videos and copies of these meetings are available on the project page
Additional project related information will be added to the page as needed and as the project
advances.
City of Palo Alto Page 6
Environmental Review
The Final EIR was completed and certified by Council on June 1, 2021 (Staff Report ID #11184).
Attachments:
• ATTACHMENT A: Contract with NV5, Inc._C12142825 Amendment #4
• ATTACHMENT B: CPA/EPA Cooperation Agreement
AMENDMENT NO. 4 TO CONTRACT NO. C12142825
BETWEEN THE CITY OF PALO ALTO AND NV5, INC.
This Amendment No. 4 (this “Amendment”) to Contract No. C12142825 (the
“Contract,” as defined below) is entered into as of June 21, 2021, by and between the CITY OF
PALO ALTO, a California chartered municipal corporation (“CITY”), and NV5, INC., a
California corporation, located at 2025 Gateway Place, Suite 156, San Jose, CA 95110
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in
this Amendment.
R E C I T A L S:
WHEREAS, the Contract (as defined below) was entered into between the Parties for
the provision of professional engineering design and environmental assessment services (the
“Services” as defined therein) in connection with the Newell Road/San Francisquito Creek
Bridge Replacement Project (“Project”), as detailed therein; and
WHEREAS, the Parties entered into Amendment No. 1 and Amendment No. 2, each
amending the Scope of Services, Schedule of Performance and Compensation, as detailed therein,
and Amendment No. 3, amending the Schedule of Performance as detailed therein; and
WHEREAS, the Parties now wish to amend the Contract in order to (1) increase and
amend the Scope of Services to include the tasks detailed in Exhibit “A-3” (Scope of Services,
Amendment No. 4) which identifies Services already provided from Exhibits “A” through
“A-2” (“Tasks Completed” as identified in Exhibit “A-3”), and details the Services
remaining to be provided during the remainder of the term of the Contract; (2) increase the
compensation by Five Hundred Twenty-Seven Thousand and One Hundred Forty Six Dollars
($527,146), from One Million Three Hundred Fifty-Four Thousand One Hundred Seventy-Seven
Dollars ($1,354,177) to a new total not-to-exceed amount of One Million Eight Hundred
Eighty-One Thousand Three Hundred Twenty-Three Dollars ($1,881,323); and (3) extend the
Contract term through December 31, 2024, as detailed herein;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a.Contract. The term “Contract” shall mean Contract NO. C12142825
between CONSULTANT and CITY, dated March 5, 2012, as
amended by:
Amendment No. 1, dated June 4, 2013,
Amendment No. 2, dated March 10, 2015, and
Amendment No. 3, dated June 1, 2020.
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Attachment A
b.Other Terms. Capitalized terms used and not defined in this
Amendment shall have the meaning assigned to such terms in the
Contract.
SECTION 2. Section 1, entitled “SCOPE OF SERVICES”, of the Contract is hereby
amended to read as follows:
“CONSULTANT shall perform the Services described in the attached Exhibit “A”
(Scope of Services), Exhibit “A-1” (Scope of Services, Amendment No. 1), Exhibit
“A-2” (Scope of Services, Amendment No. 2), and Exhibit “A-3” (Scope of Services,
Amendment No. 4), 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 3. Section 2, entitled “TERM”, of the Contract is hereby amended to read
as follows:
“The term of this Agreement shall be from the date of its full execution through
December 31, 2024, unless terminated earlier pursuant to Section 19 of this
Agreement.”
SECTION 4. Section 4, entitled “NOT TO EXCEED COMPENSATION,” of the
Contract is hereby amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services
described in Section 1 (Scope of Services) herein, including any reimbursable
expenses specified in Exhibit “C” (Compensation), Exhibit “C-2” (Compensation,
Amendment No. 1), Exhibit “C-3” (Compensation, Amendment No. 2), or Exhibit
“C-4” (Compensation, Amendment No. 4), as applicable, shall not exceed One
Million Seven Hundred Thirty-Six Thousand Two Hundred Ninety-Seven Dollars
($1,736,297). In the event Additional Services are authorized, the total
compensation for the performance of the Services (also referred to herein as the
“Basic Services”), Additional Services and any specified reimbursable expenses,
shall not exceed One Million Eight Hundred Eighty-One Thousand Three Hundred
Twenty-Three Dollars ($1,881,323), as detailed in Exhibit(s) “C”, “C-2” “C-3”,
and/or “C-4”, as applicable. The applicable rates and schedules of payment (budget
schedules) are set out in Exhibit(s) “C”, “C-1”, “C-2”, “C-3”, and/or “C-4”, which
are hereby attached to and made a part of this Agreement.
Additional Services for this Contract Amendment, if any, shall be authorized in
accordance with and subject to the provisions of Exhibit(s) “C”, “C-2”, “C-3” and/or
“C-4”, as applicable. 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 not determined by CITY to be necessary for
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the proper completion of the Project, but which is not included within the Scope of
Services described in Exhibit “A”, Exhibit “A-1”, Exhibit “A-2” or Exhibit “A-3.”
SECTION 5. The following exhibits to the Contract are hereby added or amended, as
indicated below, to read as set forth in the attachment to this Amendment, which are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a.Exhibit “A-3” entitled “SCOPE OF SERVICES, AMENDMENT NO. 4”
(ADDED)
b.Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT
NO. 4” (AMENDED, REPLACES PREVIOUS)
c.Exhibit “C-4” entitled “COMPENSATION, AMENDMENT NO. 4”
(ADDED)
SECTION 6. Legal Effect. Except as modified by this Amendment, all other
provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of
this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
Assistant City Attorney
NV5, INC.
______________________________
Todd George, PE
Chief Operating Office – INF West
______________________________
Kathy Stevenson
Regional Controller
Attachments:
EXHIBIT "A-3": SCOPE OF SERVICES, AMENDMENT NO. 4 (ADDED)
EXHIBIT "B": SCHEDULE OF PERFORMANCE, AMENDMENT NO. 4 (AMENDED,
REPLACES PREVIOUS)
EXHIBIT “C-4”: COMPENSATION, AMENDMENT NO. 4 (ADDED)
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EXHIBIT “A-3”
SCOPE OF SERVICES, AMENDMENT NO. 4
CONSULTANT (also referred to herein as “NV5”) will provide the Services described in this
Exhibit “A-3,” Scope of Services, Amendment No. 4, which details the tasks required to finalize
the Newell Road Bridge Project for the City of Palo Alto.
This Exhibit “A-3” identifies the Services already provided from Exhibits “A” through “A-2”
(“Tasks Completed” as identified below), and details the Services remaining to be provided
during the remainder of the term of the Agreement (in some cases, modifying or adding to the
Services detailed in Exhibits “A” through “A-2”), as of the Effective Date of Amendment No. 4,
setting a revised baseline for the Services remaining to be provided. In the event of a conflict
between the Scope of Services provided in Exhibit “A-3” and the Scopes of Services provided in
Exhibits “A” through “A-2,” the Scope of Services provided in Exhibit A-3” will control.
Tasks that are completed, or have been determined unnecessary, are no longer part of the final
design development and are excluded from this Scope of Services. As applicable, tasks and
subtasks are noted below as “completed” or “determined unnecessary”. Phases, tasks, and,
where appropriate, descriptions presented, are intended to follow those from the original
contract and previous contract amendments.
Phase 1- Preliminary Engineering, NEPA/CEQA Documentation
Task 1 - Project Management
Task 1.1 - Project Management
Consultant will directly coordinate with Client on a monthly basis through the completion of
design and bidding support. Progress reports will be included each month with invoices.
Progress reports will consist of a memo summarizing project status and the budget tracking
spreadsheet, consistent with the project to date. Consultant will coordinate with Project
Stakeholders as required to deliver the project. Consultant will perform management duties,
including project tracking, budget review, subconsultant maintenance and communication, and
internal coordination.
NV5’s Project Manager understands the connectivity between the Newell Road Bridge
Replacement Project and the Upstream of Highway 101 Project. The Project Manager
understands priorities and schedules for each project and will allocated uninterrupted resources
to the critical tasks as necessary. As a general rule, the Newell Road project carries the highest
priority as it must be constructed prior to the Upstream of Highway 101 improvements in the
larger picture of the flood control project for the region.
Task 1.1 Deliverables:
NV5 will deliver the following work products for this scope item:
1.Monthly Invoices
2.Budget Tracking Spreadsheet
3.Monthly Progress Report
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Task 1.1.2 – Alternative Screening Project Management (Task Completed)
Task 1.1.3 – EIR/EA Project Management (Task Completed)
Task 1.2 – Meetings
Project Manager and Project Engineer from the Consultant will attend one (1), one (1) hour,
Team conference call meeting per month with City of Palo Alto project staff. Agenda and
meeting notes will be prepared when agreed between consultant and client. Materials for
meetings are expected to consist of the agenda and current work products, including Type
Selection report materials and PS&E materials as described within this scope. Separate
exhibits or renderings are not anticipated. However, if required the additional work will be
handled by a separate Addition Work Services request.
In addition to the monthly team meetings, weekly Project Manager calls / meetings will be held
to ensure coordination and communication. Weekly calls are expected to be approximately 20
minutes to allow the City and consultant project managers to stay on track and coordinated on
priorities, expectations, and any issues that might arise.
Following the completion of Preliminary Phase I and approval of the Newell Bridge Type
Selection Report, NV5 team members will attend one (1) conference call meeting with the City
of Palo Alto and other stakeholders involved with the project, to discuss Project objectives,
scope, design criteria and management process. In addition, upon receipt of the comments from
Caltrans to the draft Type Selection Report, NV5’s Project Manager will attend one (1)
conference call with the City of Palo Alto and stakeholders to discuss comments before
finalizing the Report.
Task 1.3 - Quality Assurance/Quality Control
Throughout the project, NV5 will ensure project quality at all levels of design by incorporating
our Quality Assurance/Quality Control processes and procedures under the Quality
Management Plan (QMP). The objectives of the QMP are to provide a consistent approach to
performing quality control reviews of all work products to accomplish the following:
•Identify key project quality goals, roles and resources
•Identity the requirements of the Scope of Work. Make certain to check the Contract
deliverables
•Identify and describe quality processes and procedures applicable to the project and
group. The QMP assures that all team members are following the same processes
•Serve as a comprehensive reference tool for the Project Manager and other project staff
in carrying out steps related to Quality Assurance/Quality Control
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 once per month to reflect any changes discussed
during the monthly Team call, and a copy will be submitted to the City of Palo Alto for project
records. The monthly project update will be submitted to the City one week prior to the monthly
team meeting to allow for review and discussion at the team meeting.
Task 1.4 Deliverables:
NV5 will deliver the following work products for this scope item:
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1.Project Schedule
Task 1.5 – Public Outreach (Task Completed) If determined necessary additional public
outreach for permitting or construct support, will be handled as an additional services.
Task 1.5.2 – Alternative Screening Analysis Public Outreach (Task Completed)
Task 1.5.3 – EIR/EA Public Outreach (Task Completed)
Task 1.6 – Agency Coordination (Task Completed)
Task 2 – Existing Document Review
Task 2 – Existing Document Review (Task Completed)
Task 3 - Utility Coordination
Task 3.0 - Utility Coordination
NV5 will provide utility coordination services with the objective to obtain all data on the various
utility encroachments within the project limits. Early coordination will occur once the Type
Selection Report has been completed. 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 and City of East Palo Alto. NV5 anticipates contacting all utility
agencies relevant to the Newell Road Bridge Replacement Project.
Task 3.0 Deliverables:
NV5 will deliver the following work products for this scope item:
1.Utility A, B, and C letters
2.PG&E contract and application process to the City of Palo Alto for pole relocation
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Task 4 – Environmental Clearance Documents
Task 4.1 – Prepare Purpose and Need Statement (Task Completed)
Task 4.2 – Prepare Admin Draft and Draft I.S. (Task Completed)
Task 4.3 – Prepare Admin Draft and Final I.S. (Task Completed)
Task 4.4 – Prepare Cat. Exclusion for NEPA (Task Completed)
Task 4.5 – Prepare Draft and Final Tech Studies/Memoranda (Task Completed)
Task 4.6 – Project Management and Meetings (Task Completed)
Task 4.7 – Alternative Analysis Screening Process (Task Completed)
Task 4.8 – Prepare CEQA and NEPA Environmental Documentation, EIR/EA (Task Completed)
Task 4.9 – Additional Services No. 3 (Task Completed)
Task 4.10 – Additional Services No. 4 (Task Completed)
Task 4.11.1 – Additional Services No. 5, NV5 (Task Completed)
Task 4.11.2 – Additional Services No. 5, ICF (Task Completed)
Task 4.11.3 – Additional Services No. 5, TJKM (Task Completed)
Task 4.12 – Additional Services No. 8, TJKM (Task Completed)
Task 5 – Survey & Base Mapping
Task 5.1 – Topographic Survey (Task Completed)
Task 5.1.2 – Confirm Existing Creek Topography (Task Completed)
Task 5.2 – Right-of-Way Constraints Map (Task Completed)
Task 5.3 - Right of Way Engineering Services
Based on finalized Right of Way alignment, NV5 will prepare right of way plats and legal
descriptions necessary for temporary construction easements, permanent easements and the
acquisition of additional right of way. Based on available assessors’ maps covering the project
site, we have based our fee on providing a maximum of five (5) plats and legal descriptions. At
this time, it is anticipated that plats and legals will be needed for: APN No. 003-12-013 (475
Newell Road, Palo Alto), APN No. 063-513-350 (5 Newell Road, East Palo Alto), APN No. 063-
515-370 (1761 Woodland Avenue, East Palo Alto), APN No. 063-515-380 (1767 Woodland
Avenue, East Palo Alto, including portion in channel), APN No. 063-515-280 (1773 Woodland
Avenue, East Palo Alto).
The City will be responsible for appraising and acquiring all necessary easements and right of
way takes. Right of Way Appraisal and Acquisition services are not included in our scope of
services or fee.
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Task 5.3 Deliverables:
NV5 will deliver the following work products for this scope item:
1.Two (2) copies of signed Plat Maps and Legal Descriptions for each of the affected
parcels.
Task 6 – Bridge Hydraulic Report
Task 6.1 – Preliminary Design/Hydraulics Analysis (Task Completed)
6.1.2 EIR/EA Hydraulics Analysis and Technical Memo (Task Completed)
Task 6.2 – Location Hydraulics Study (Task Completed)
Task 6.3 - Bridge Hydraulic Report
In the design phase of the project, the information and models developed during the Preliminary
Design and Environmental Phase will be used as the basis for the preparation of the project’s
Bridge Hydraulic Report. This report will include the appropriate items identified in the current
Caltrans Local Assistance Procedures Manual in effect at the time the study is performed,
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 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. The main requirement for hydraulic design is compatibility with the regional planning for
the ultimate configuration and capacity (Q100 of 8150 cfs) of the creek. This required capacity
is determined by Valley Water and the San Francisquito Creek Joint Powers Authority flood
control project. The flow becomes the Q100 level only after a future phase of the regional flood
control project is completed to build upstream detention. However, the required flow does not
change at the Newell Road Bridge location. A design exception will be required as minimal
freeboard will be provided above the Q50 or Q100 flows.
Recommendation will also be provided for Rock Slope Protection (RSP) and scour as required.
This could include channel armoring.
Task 6.3 Deliverables:
NV5 will deliver the following work products for this scope item:
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1.Bridge Hydraulic Report
Task 6.4 – Contract Plans & Details
(For the EIR, Phase I – Task Determined Unnecessary)
For PS&E, Phase II, NV5 will prepare contract plans and details for the location hydraulic study.
These will be shown on two plans sheets and will include creek cross sections along plan view
of the project area to show the low flow channel. The low flow channel will include riffles and
ponds to meet permit agency requirements. NV5 will also prepare the details for embankment
and abutment protection.
Task 6.5 – Sediment Transport Analysis for Creek Widening (Task Determined Unnecessary)
Task 6.6 – Scour Analysis for Creek Widening (Task Determined Unnecessary)
Task 7 - Geotechnical Investigations
Parikh Consultants Inc. (PCI) will prepare a detailed final Foundation Report. The project was
explored several years ago (2012-13) and then it was delayed during the design phase. The
original field exploration and laboratory tests conducted several years ago (2012-13) are still
considered useable. However, the design, loading conditions, layout, engineering design
standards have all changed to a level where we require to restart the project from analyses to
final report preparation. The current scope of work is to use as much data as available and
complete a new draft and final report in accordance with current Caltrans standards and
AASHTO Load and Resistance Factor Design (LRFD) Specifications. Following is the balance
of the scope of work.
Task 7.1 – Research and Data Collection (Task Completed)
Task 7.2 – Field Exploration (Task Completed)
Task 7.3 – Laboratory Testing (Task Completed)
Task 7.4 – Soil Analysis/Evaluation
Soils Analysis/Evaluation: Perform engineering analyses and develop design recommendations
for the proposed foundations, proposed abutment walls and walls adjacent to properties.
Concrete drilled piles are expected for the bridge supports. Pavement design will be based on
the Traffic Index value and the R-value provided by PCI. Short retaining walls are included in
the scope however, due to their short height, traffic limitations, and public and private property
locations, new explorations will not be conducted for these retaining walls. Geotechnical
recommendations will be provided based on the explorations performed previously.
Task 7.5 – Prepare Draft Foundation Report
Prepare preliminary recommendations for foundations. Prepare a Foundation Type Selection
Report with the Log of Test Borings (LOTB) for the structure. No in-person type selection
meeting is expected for this project due to Covid-19 restrictions, a virtual meeting via
conference call that includes PCI will be scheduled. In addition, PCI will develop pavement
design recommendations.
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Task 7.6 - Final Foundation Report
Prepare Final Foundation Report: Prepare detail report including design recommendations for
foundation type and footing elevations lateral design capacities, incorporate potential scour data
in the design, evaluate slope stability as necessary at the abutments, pile foundation or spread
footing recommendations (retaining walls).
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
2.0) shall be provided. Information related to the recently revised Seismic design guidelines
(2019) and the ARS curves (using Caltrans ARS online tool) will be provided. Prepare final
Foundation report for the structure.
Using the general plan as a base map, we will provide boring logs.
Tasks 7.5 and 7.6 Deliverables:
PCI / NV5 will deliver the following work products for this scope item:
1.Draft Foundation Report
2.Final Foundation Report
3.Log of Test Borings Sheet
Task 8 - Type Selection
Task 8.1 - Bridge Type Selection Report
With the completion of the Environmental Phase and certification of the Environmental
Document, the locally preferred location for the bridge and the planned roadway and bridge
geometry have been determined. NV5 will determine appropriate bridge replacement types and
prepare two (2) alternatives to meet the project criteria and prepare the Bridge Type Selection
Report.
The draft and final Bridge Type Selection Reports shall include the following: A General Plan
Sheet, and a Preliminary Foundation Plan will be prepared to convey each bridge alternative
along with the Geotechnical Memorandum or Preliminary Foundation Report. A conceptual plan
and profile for the roadway alignment was prepared in conjunction with the work for the
environmental document. The vertical profile will be verified for the bridge alternatives. A
narrative description addressing pertinent information about the selected bridge and road
alignment alternative will be provided in the type selection report. A General Plan Estimate will
be included for each alternative will be prepared. General Plan Estimate will be prepared in
accordance with Caltrans Standard Planning Study Cost Estimating practices.
The Bridge Type Selection 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 attend one
meeting as described under Task 1.2 before preparing a final Bridge Type Selection Report.
Task 8.1 Deliverables:
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NV5 will deliver the following work products for this scope item:
1.Draft Bridge Type Selection Report, including all elements described above
2.Final Bridge Type Selection Report, including all elements described above
Task 8.1.2 – Equipment Staging Tech Memo (Task Completed)
Task 8.1.3 – Additional Services No. 6 (Task Completed)
Task 8.2 – Traffic Study (Task Completed)
Task 8.2.2 – Additional Traffic Study (Task Completed)
Task 8.2.2.2 – N/T Alternatives Screening Analysis Traffic Study (Task Completed)
Task 8.3 - 35% Preliminary Plans and Estimate
NV5 will prepare preliminary roadway, bridge and landscape plans for the selected project
alternative. The preliminary plans will provide enough data to convey a complete scope of the
project. The preliminary plans will consist of:
•Title Sheet
•Preliminary Typical Sections
•Preliminary Roadway and Profile Sheets
•Preliminary Bridge General Plan Sheet
•Preliminary Landscape Plan Sheet
Task 8.4 – Alternatives Screening Analysis, Development and Report (Task Completed)
Phase 2 - Final Design & Permitting
Task 9 - Final Design & PS&E Development
After approval of the Bridge Type Selection Report, 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 current 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 first (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, including features to support the existing creek slope and conform to
existing banks. The design will be conducted in accordance with the current editions at the time
the work is performed:
Caltrans Bridge Design Manuals
AASHTO LRFD Bridge Design Specifications
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 current Caltrans
Seismic Design Criteria and the current Caltrans Memo to Designers Manual at the time the
work is performed. 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 current Caltrans Bridge Design Specifications Manual for vertical loading and lateral
loading at the time the work is performed.
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 from PCI, this information will be coupled with the
structural parameters of the bridge to determine seismic loads and reactions. Requirements in
the current Caltrans Seismic Design Criteria and the current Caltrans Memo to Designers
Manual, at the time the work is performed, will be used to determine the loading.
Task 9.2 - Roadway Design
NV5 will refine the selected horizontal and vertical roadway alignment developed for the Type
Selection Report. 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 will also be developed.
The need for bioswales and potential locations will be reviewed during the design. If required,
NV5 will meet with Palo Alto and East Palo Alto to discuss bioswale locations and details. The
goal is to agree upon the bioswale issues and avoid repetitive design inefficiencies. Bioswale
design will then be completed for the agreed upon scenario. If NV5 is requested to perform
iterative designs, such as requested relocation of bioswales, design changes, or revised base
details, these will be considered out of scope and require additional fee.
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.
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Plans
The plan sheets will be prepared in English units. NV5 intends to use AutoCAD Civil 3D. We will
develop our drawing files using Caltrans’ Plan Preparation Manual. 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.
Plans for all submittals will include the following. The level of completeness for the various
sheets will depend on the submittal (65% versus 90%):
Title Sheet & Key Map
General Notes
Demolition Plan
Roadway Typical Cross Section Sheet
Roadway Plan and Profile Sheets
Construction Detail Sheets
City of Palo Alto Standard Details
City of East Palo Alto Standard Details
Temporary Erosion/Pollution Control Sheets
Palo Alto Standard Stormwater Pollution Prevention Plan
Roadway Drainage Plan (includes drainage features in private properties)
Utility Plan and Profile Sheets (East Palo Alto and Palo Alto)
Landscape Plan with GSI features
Creek Channel Restoration and Retaining Walls Cross Sections
Signing and Striping Plan
Traffic Control and Detour Plan
Construction Staging Plan
Bridge General Plan
Bridge Foundation Plan
Deck Contour Sheet
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
Along with the plans and special provisions, a detailed construction cost estimate will be
developed. A Marginal Estimate will be prepared as an estimate of probable construction cost
for the project based on Caltrans standard cost estimates. 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.
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Task 9.5 - First (65%) PS&E Submittal
At the 65% complete stage of the project, and prior to formal submittal to the City, a
comprehensive Quality Control Review of the Plans, Specifications, and Construction Cost
Estimate will be performed concurrently by our QC manager, Jack Abcarius or designee. Upon
completion of this portion of work, NV5 will submit for review and comment the 65% PS&E
package. Submittal will follow the City of Palo Alto electronic submittal process to provide digital
files of all documents.
Task 9.5 Deliverables:
NV5 will deliver the following work products for this scope item:
1.65% Plans (22x34 format) – 10 hard copies
2.65% Technical Specifications (Caltrans Standard Specifications format and Special
Provisions) – 5 hard copies
3.65% Preliminary Construction Cost (opinion of probable construction cost) - 5 hard
copies
Task 9.6 - Independent Design Check
An independent bridge design check will be conducted. The bridge independent check occurs
during the same period as the review of the 65% package by the local agencies. 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 structure, Bridge Plans,
Technical Specifications and Draft Special Provisions. During this effort, we negotiate an
ultimate solution between the designer and checker. These negotiations often render portions of
the previous designs unusable because it differs from the negotiated solution. Additional
activities include:
•Pre-check discussions surrounding design method, seismic design approach,
and general structures detailing.
•Review of independent check comments and negotiation to reconcile the
comments.
•Revise details and calculations consistent with the negotiations from the previous
steps.
•Follow up with the independent checker to confirm the comments were
adequately addressed.
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. This task includes a check to ensure the
design of the bridge accommodates the future headwalls and buoyancy forces of the pressure
flow condition.
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
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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
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 follow
the City of Palo Alto electronic submittal process to provide digital files of all documents.
Task 9.8 Deliverables:
NV5 will deliver the following work products for this scope item:
1.90% Plans (22x34 format) 10 Copies
2.90% Technical Specifications (Caltrans Standard Specific format and Special
Provisions) – 5 copies
3.90% Preliminary Construction Cost (PDF Format)
4.Letter from the QA/QC professional and plan checker certifying that the plans meet
the requirements for the bridge and construction.
Task 9.9 – Third (100%) PS&E Submittal
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.
Task 9.9 Deliverables:
The 100% PS&E will include the following items:
1.Checked Structural Bridge Plans
2.Final Road Plans
3.Special Provisions and Technical Specifications for Construction
4.Engineer’s Estimate
5.Resident Engineer’s Pending File
These final drawings, special provisions, technical specifications, and estimates will be prepared
in accordance with the current 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 Caltrans standard 22” by 34” drawing sheet size and
layout. Project drawings will also be provided in AutoCAD.
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Task 9.10 – Landscape Architectural Final PS&E Submittal
Based on comments received on the preliminary plans developed during the environmental
phase, the landscape plans will be developed into construction documents to a 65% level of
completion. An updated cost estimate and technical specifications will be prepared for
landscape-related items of work. Subsequent submittal will be made at 90% and 100% (Final)
PS&E levels in order to address comments and update the landscape architectural plans.
Task 10 – Regulatory Agency Permitting – (Task may be a removed from the scope at the City’s
discretion)
As part of the NV5 Team, ICF Jones & Stokes, Inc. (“ICF”) will prepare the following permit
applications for the remaining tasks on the Newell Road Bridge Replacement Project (It is
assumed that the application fees for these permits will be provided by the City): permitting,
preconstruction surveys, and implementation of biology avoidance, minimization, and/or
mitigation measures.
The Task 10.1 scope has been taken from Contract Amendment 2 and modified as necessary
to account for project updates. The scopes for Tasks 11.3.1 and 11.3.2 are based on the
avoidance, minimization, and mitigation measures from the Final EIR/EA. It should be noted that
this scope of work only includes the avoidance, minimization, and mitigation measures that ICF
can implement. There are numerous other avoidance, minimization, and mitigation measures
from the Final EIR/EA that are listed in the Mitigation Monitoring and Reporting Program
(MMRP) that must be implemented by either the City or the construction contractor that are not
included in the scope of work. Please see the MMRP for the full list of avoidance, minimization,
and mitigation measures.
Regarding Tasks 11.3.1 and 11.3.2, the scope of work for these tasks show which of the
avoidance, minimization, and mitigation measures can be implemented from budget allocated in
the Caltrans 6D submittal. The remaining avoidance, minimization, and mitigation measures
described in this scope of work and cost estimate can be implemented for an additional cost.
These scope items and costs have been in the budget spreadsheets.
Task 10.1 – Permitting
ICF will support the City in obtaining the following permits as described below. This scope
presumes that the proposed creek widening/bank stabilization will be as conceived presently. If
the creek improvement project description changes substantially, then there may be need for
additional budgeting. For all submissions noted below, this scope includes up to four (4) rounds
of documents: Administrative Draft for PA/NV5 review, Draft for Agency 1st review, 2nd Draft for
PA/NV5 review, and Final for agency submittal.
Up to two (2) meetings for Section 404 Permit, up to four (4) meetings for Section 401 WQC, up
to two (2) meetings for 1602 SAA are assumed in this scope.
•Section 404 Nationwide Permit:
o Meetings/Coordination: ICF will conduct up to two (2) meetings, including one (1)
site visit, with the Corps, RWQCB, and California Department of Fish and Wildlife
(CDFW) concerning project permits.
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o ICF will prepare Pre-Construction Notification to the Corps. It is presumed that
there would be up to two requests for further information.
o Habitat Management Reporting and Monitoring Plan (HMRMP): ICF assumes
that preparation of an HMRMP will be required as part of this permit. ICF will
prepare the HMRMP for the project, which will describe the restoration plan plus
any additional riparian restoration, enhancement or creation that is proposed to
compensate for permanent impacts.
o USFWS Section 7 Consultation: USFWS consultation was completed during the
prior phase of work.
o NMFS Section 7 Consultation: NMFS consultation was completed during the
prior phase of work.
o SHPO Section 106 Consultation: SHPO consultation was completed during the
prior phase of work.
o Mitigation Design: This scope includes identification of the need for mitigation,
but not the actual mitigation design. As mitigation needs are identified, ICF can
identify a specific mitigation design scope for PA consideration including
estimated budget.
•Section 401 Water Quality Certification
o Meetings/Coordination: ICF will conduct up to four (4) meetings, including one (1)
site visit, with the RWQCB. It is presumed that PA and the consultant team will
work with RWQCB to identify the LEDPA prior to release of the Draft EIR. Two
(2) of the four (4) meetings would be combined with Corps and CDFW and two
would be with RWQCB only.
o ICF will prepare an application for a Section 401 WQC. It is presumed that there
would be up to two requests for further information.
o 404(b)(1)Alternatives Analysis – ICF will prepare an alternatives analysis that
would analyze the bridge alternatives (using information developed for the
EIR/EA) and creek improvement alternatives (including the proposed
widening/bank stabilization as well as a geomorphic alternative and a creek
layback/terracing alternative. It is presumed that NV5 will provide conceptual
design for the locally preferred alternative (Build Alternative 2) and potentially 1
additional option for creek/bank stabilization to be used for the AA analysis. ICF
will prepare a draft 404(b)1 AA analysis for PA/NV5 review, a revised draft for
RWQCB review, and a final version responsive to RWQCB comments.
o Habitat Management Reporting and Monitoring Plan: ICF assumes that
preparation of an HMRMP will be required as part of this permit. ICF will prepare
the HMRMP for the project, which will describe the restoration plan plus any
additional riparian restoration, enhancement or creation that is proposed to
compensate for permanent impacts.
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o Mitigation Design: This scope includes identification of the need for mitigation,
but not the actual mitigation design. As mitigation needs are identified, ICF can
identify a specific mitigation design scope for PA consideration including
estimated budget.
•1602 Streambed Alteration Agreement
o Meetings/Coordination: ICF would conduct up to two (2) meetings, including one
(1) site visit, with the CDFW that would be combined with meetings with Corps
and RWQCB.
o ICF would prepare an application for a section 1600 SAA. It is presumed that
there would be up to two requests for further information.
o Habitat Management Reporting and Monitoring Plan: ICF assumes that
preparation of an HMRMP will be required as part of this permit. ICF will prepare
the HMRMP for the project, which will describe the restoration plan plus any
additional riparian restoration, enhancement or creation that is proposed to
compensate for permanent impacts.
o Mitigation Design: This scope includes identification of the need for mitigation,
but not the actual mitigation design. As mitigation needs are identified, ICF can
identify a specific mitigation design scope for PA consideration including
estimated budget.
•Task 10.1 Assumptions
o The project will meet Nationwide Permit conditions and will not require an
individual permit.
o The project footprint will not change.
o The proposed project is the least environmentally damaging practicable
alternative and the City will provide information on other alternative designs
considered or requested by RWQCB or the Corps, if necessary.
o One round of review of the PCN by the City.
o The Agencies will consider the applications complete or request only minor
additional information.
o Application fees will be provided by the City.
o The Corps and/or RWQCB will require only minimal revisions to the aquatic
resources delineation report and map prior to approval.
o One site visit with USACE and/or RWQCB to verify the delineation would be
conducted.
o The City or NV5 will provide Plan, profile, and cross-sectional drawings of all
temporary and permanent structures to be constructed in waters. For example:
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a. Engineered drawings of the new bridge column(s) in San Francisquito
Creek showing location, depth, and composition in relation to the creek
bank and ordinary high-water mark.
b. Engineered drawings (plan, profile, x-section) of the earthwork planned
on both banks of the creek. Include RSP or Bioengineering drawings to
scale if applicable.
c. Engineered (or typical) drawings (plan, profile, x-section) of temporary
structures placed in the creek or elsewhere for access (e.g., temporary
bridges, temporary culverts) and support (e.g., falsework).
o The City or NV5 will provide CAD files (.dwg or .dxf) for the project designs,
including those used to generate site plans, in a coordinate system or shape
files. All required project details will be in a georeferenced spatial format along
with parcel data.
o The City or NV5 will provide temporary and permanent disturbance limits in CAD
files.
Phase 3 - Bidding & Construction Support
Task 11 – Post Design Services
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 and subconsultants will provide engineering services during construction of the Project.
Such services will include attending the preconstruction meeting, reviewing the construction
Contractor’s technical submittals and shop drawings when applicable, and responding to
technical questions and requests for information (RFI’s).
Task 11.2.1 Project Management During Construction.
NV5 will manage services such that the Construction Support Services are completed within the
not-to-exceed fee limit and in accordance with the Schedule for performance. Consultant will:
A.Manage efforts of the Consultant’s and subconsultants’ staff;
B.Coordinate its work with the City and its Construction Management Consultant, regarding
the scheduling of meetings, attendance, site observations, and deliverables;
C.Monitor and manage its expenditures, schedule, and progress, including maintaining an
efficient, effective document tracking system for requests for information, and submittals;
and
D.Provide Monthly Progress Reports of the Consultant’s activities. Monthly Progress Reports
will include the following:
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a.An assessment of actual versus planned progress in completing the work, including
a description of the tasks, and deliverables completed to date;
b. For each task, the percentage of services performed versus the percentage of
Agreement not-to-exceed fees incurred for such task, and explanation of any
significant variances in percentage of services performed compared to percentage of
fees incurred;
c.A summary of proposed change to the Scope of Services, if required, including
justifications for such changes;
d.Any changes in Consultant’s key staff or subconsultants.
Task 11.2.1 Deliverables:
NV5 will deliver the following work products for this scope item:
1.Monthly Progress Reports
Task 11.2.2 – Meetings and Site Visits
A.Attend the preconstruction conference. Consultant will respond to technical questions from
the Contractor or the City, as requested by the City.
B.Attend progress and other meetings as requested by City, coordination meetings and
telephone conference calls with the City’s construction Contractor, City, and other parties
as determined by City, in order to discuss and coordinate the construction progress,
resolve technical issues, concerns, and related activities.
C.Perform site visits as requested by the City or determined necessary by Consultant.
Assumptions
1.All meetings will be conducted at the Contractor’s construction trailer, Project site, or at City
office.
2.Construction progress meetings are generally conducted on a weekly basis during the
construction season.
3.The Consultant will attend 30 construction meetings (once every week during the
construction season is assumed) in addition to the meetings specifically mentioned above.
An additional four conference call coordination meetings and four agency (for example, City
and/or Valley Water or City of East Palo Alto, or Caltrans) meetings are assumed.
4.The Consultant will attend one project meeting/conference call during construction prior to
installation of landscape items, including irrigation and planting.
5.The Consultant will make up to 10 site visits during construction of the bridge, including pile
installation to confirm the placement is as per the specifications and geotechnical report
recommendations. Each of these site visits are expected to be at a minimum of 4 hours per
day for 10 days. Other than the known need to have Parikh present for the piling, the
additional site visits will be at the discretion of the City.
6.Attendance at meetings and any follow-up reports to meetings beyond the limits specified
in the Deliverables below will be considered Supplemental Services and require additional
fee.
Task 11.2.2 Deliverables:
NV5 will deliver the following work products for this scope item:
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1.Written responses to issues raised as required for documentation
2.Attendance at meetings and/or conference calls as required to respond to and bring
up issues
Task 11.2.3 – Submittal Review.
A.Consultant will review the submittals provided by the Contractor as required in the
construction Contract Documents prepared by the Consultant. The submittals will be
reviewed for conformance with the design.
B.Consultant will review, respond and return all Contractor Submittals and re-submittals as
promptly as possible, but in no case shall Contractor submittals be returned later than ten
working days from receipt of the Contractor’s submittals by City, unless otherwise agreed
between Consultant and City.
C.Consultant will notify City of any submittal review comment that could result in a Change
Order. If the Consultant makes notes on the Contractor’s Submittal that constitutes a
change to the requirements of the Contract Documents, Consultant will immediately notify
City in writing of the potential need to issue a Change Order request.
Assumptions.
1.Consultant will review and respond up to 24 submittals.
2.Review of submittals in addition to the estimated number stated herein will be considered
Supplemental Services and require additional fee. Unless the submittals are as a result to
lack of detailed data or conflicting information in the documents that could cause change
orders or project delays, in which case these will not be considered extra or cost to the City.
Task 11.2.3 Deliverables:
NV5 will deliver the following work products for this scope item:
1. Memoranda in PDF of Microsoft Word presenting Consultant’s evaluation of
submittal
2.Written notification via email of potential change orders due to submittal review
comments by Consultant
Task 11.2.4 – Requests for Information. (RFI)
A.Consultant will respond to requests for information received from the City when a
Contractor’s inquiry is related to the Consultant’s Project design or an issue having the
potential to impact the Project design and cannot be readily answered from the construction
contract.
B.Consultant will respond to the City’s requests for evaluation of proposed substitutions and
“or equal” proposals of equipment, materials or methods, and minor design changes.
C.Consultant will render written decisions within seven calendar days unless otherwise
agreed between Consultant and the City. Consultant must notify City immediately if more
time is required to respond to RFIs.
D.Consultant will evaluate whether the Contractor’s request creates any change or potential
change to the contract documents, or if the Consultant’s response to an RFI appears to
have the potential to impact the construction schedule or cost, or result in a change to the
requirements of the Contract Documents. The City will be promptly notified if any of these
conditions exist.
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
Assumptions.
1.Consultant will review and respond to up to 30 RFIs.
2.Review of RFIs in addition to the estimated number stated herein will be considered
Supplemental Services and require additional fee unless the RFI is as a result of lack of
detailed information on the plans or conflicting details between documents, in which case
the consultant shall provide the response, revise plans (if necessary) at no cost to the City
Task 11.2.4 Deliverables:
NV5 will deliver the following work products for this scope item:
1.Memoranda in PDF of Microsoft Word presenting Consultant’s responses to RFIs
Task 11.2.5 – Construction Change Order Assistance.
NV5 will support the City with potential change orders, change orders, and related activities.
The origination of the change orders may come from the City or the Contractor.
A.As requested by the City, NV5 will be required on an as-needed basis to design, write, or
review change order documentation. Anticipated Consultant assignments may include:
research and respond back to City whether work proposed by its construction Contractor
warrants the need for a change order and whether it should be considered as extra work;
review of design calculations and intent; review of cost estimates.
Task 11.2.5 Deliverables:
NV5 will deliver the following work products for this scope item:
1.Change order documentation including signed and stamped drawings and
specifications, and cost opinions
2.Review comments on City Project Manager’s analyses of potential changer order
Task 11.2.6 – Engineer-of-Record’s Project Record Drawings.
Record Drawings are prepared to accurately depict changes resulting from field conditions,
design changes, Project scope changes, or other causes since the initial Construction Contract
Drawings (or bid set) were adopted by the City Council and in accordance with the conformed
documents.
A.At the completion of the project, NV5 and subconsultants will prepare Engineer-of-
Record’s Project Record Drawings based on Resident Engineer red lines as accepted by
City’s Project Manager during Project construction. 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. Such changes may be the result of information that was
approved in RFIs, change orders, or field memoranda written by Consultant.
B.The final Engineer-of-Record’s Project Record Drawings (one set) will be submitted to
City Project Manager within 15 working days of the City Project Manager’s issuance of
Project Notice of Completion and Acceptance of Contractor’s work.
Assumptions
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
1.Approximately ten new plan sheets will be prepared, signed and stamped by Consultant.
Consultant will also label all remaining sheets not requiring revisions to ensure all sheets
accurately reflect Project Record Drawings.
2.Preparation of Record Drawings in addition to the estimated quantity stated herein will be
considered Supplemental Services and require additional fee
Task 11.2.6 Deliverables:
NV5 will deliver the following work products for this scope item:
1.Final Engineer-of-Record’s Project Record Drawings that include changes
recommended by Resident Engineer and accepted by City Project Manager – one
(1) full-size copy and one (1) set of DVD’s with Adobe PDF and CADD files of these
drawings.
Task 11.3.1 Preconstruction Surveys
ICF proposes to conduct preconstruction surveys for Western Pond Turtles, Pallid and Hoary
Bats, and California red-legged frog, per the specifications in the following Final EIR/EA
mitigation measures.
•AMM-BIO-6: Conduct Preconstruction Surveys for Western Pond Turtles; Relocate if
Needed
Within 24 hours prior to the start of construction in suitable habitat for northwestern pond
turtle, a qualified ICF biologist will conduct a preconstruction clearance survey for this
species. Any western pond turtles located within the project site will be allowed to move out
of harm’s way on their own. If the relocation of western pond turtle is necessary, a relocation
plan will be developed and submitted to CDFW for approval. The plan will include
subsequent details of monitoring by a CDFW-approved biologist, agency-approved
disinfection and handling protocols, animal care while being relocated, suitable deposition
locations, and reporting requirements.
•AMM-BIO-7: Conduct Preconstruction Surveys for Pallid and Hoary Bats
Qualified ICF biologists will conduct a pre-construction survey for bats at the project site
within 24 hours prior to construction activities. If a bat is observed roosting at any time
before or during the preconstruction survey or during project activities, all activities will
cease at the project site. In coordination with the City, ICF will develop a bat plan that will
be submitted to CDFW for approval. The plan will identify additional survey and avoidance
measures that will likely be required by CDFW for the construction contractor for continue
with Project activities.
Assumptions:
o ICF will have 2 qualified biologists conduct up to 3 evening visual surveys to search
the project site for emerging bats.
•AMM-BIO-8: Implement Nesting Bird Impact Avoidance Measures
ICF will provide a qualified biologist to conduct nesting bird survey (during the nesting
season, which is February 1 – August 31) at the project site for nesting birds covered by the
federal Migratory Bird Treaty Act. ICF will also conduct surveys up to a 300-foot radius
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
surrounding the project area for nesting raptors (where access can be obtained). The
purpose of the surveys will be to obtain complete coverage of the project area and buffer
and document any nesting activity in the area. A minimum of three separate surveys will be
conducted for migratory birds, including raptors. Surveys will include a search of all suitable
nesting habitat (e.g., grassland, bushes, trees, bridges, culverts, overpasses, and
structures) in the Project area. When feasible, surveys should occur during the height of the
breeding season (March 1 to June 1) with one survey being conducted in each of 2
consecutive months within this peak period and the final survey being conducted within 1
week of the start of construction.
If a lapse in construction activities of 3 days or longer at a previously surveyed study area
occurs, another preconstruction survey will be conducted.
If an occupied nest is located within the survey area, a GPS location will be recorded, and
the information on the nest site will be documented on a standardized field form. A no-
disturbance buffer (marked with high-visibility fencing, flagging, or pin flags) will be
established by a qualified wildlife biologist around the site to avoid disturbance or
destruction of the nest until the end of the breeding season (August 31) or until after the
biologist determines that the young have fledged and moved out of the Project area (this
date varies by species). The extent of these buffers will be determined by the biologist in
coordination with USFWS and/or CDFW as appropriate.
Assumptions:
o ICF has included time for a qualified biologist to conduct 3 separate survey visits,
and coordination time with DFW.
o ICF has included two additional visits to cover any lapse in construction.
•AMM-BIO-10: Conduct Preconstruction Surveys at Work Sites in and near Frog-
Sensitive Areas
Immediately prior to construction ground disturbing activity (such as excavation and soil
deposition areas, overland access or fence installation), a qualified ICF biologist will conduct
a survey for California red-legged frog (CRLF) within the boundaries of the project area and
a 50-foot buffer zone around the construction area (where access is available).
If individuals are found, the biologist will notify CDFW and follow permit requirements for
moving the individual(s) out of the disturbance footprint, if authorized to do so by the permit.
Assumptions:
o Scoping and hand excavation of burrows are not included.
o One biologist will be able to survey the area appropriately.
o The surveying biologist will be notified of ground disturbance (e.g., fence installation,
grading, and/or excavation) scheduling at least one (1) week in advance of
equipment mobilization.
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
Task 11.3.2 – Biology Avoidance, Minimization, and/or Mitigation Measure Tasks
ICF proposes to implement the following biology avoidance, minimization, and mitigation
measures, per the specifications in the Final EIR/EA mitigation measures. AMM-BIO-1, BIO-12,
and AMM-BIO-3 can be implemented within the specified amount in the Caltrans 6D request.
ICF implementation of AMM-BIO-2, AMM-BIO-11, and AMM-BIO-4 would require funds
exceeding the specified amount. These funds have been allocated for these efforts in the
budget spreadsheets.
•AMM-BIO-1 and BIO-12: Install Construction Barrier Fencing Around Environmentally
Sensitive Areas
ICF’s biologist will flag environmentally sensitive areas (ESAs) for the protection of riparian
vegetation, native trees, aquatic habitats, and other sensitive resources. After these areas
and associated avoidance buffer zones are identified and flagged, ICF will coordinate with
the construction contractor to ensure that the location of the temporary fencing is placed on
the construction plans and the temporary construction barrier fencing is installed in the
correct locations.
The construction contractor will provide all the protective fencing that will be required to
protect sensitive resources and will be responsible for installing and maintaining the barrier
fencing during construction. ICF assumes that the fencing will only need to be installed
once, at the beginning of the construction season, and that this effort will take up to two
workdays. ICF’s biologist will inspect the fencing once a week to ensure that it is maintained
to protect the sensitive resources.
Assumption:
o The construction contractor will be responsible for the physical placement of the
temporary fencing and removal after completion of construction.
•AMM-BIO-2 and BIO-11: Prepare Environmental Awareness Program and Conduct
Environmental Awareness Training for Construction Employees
ICF will prepare a presentation and supporting materials (including pictures and an
environmental handout) for the environmental education program. The goal of the program
will be to integrate environmentally responsible work practices into daily operations and
standard construction procedures. ICF will:
o Provide an overview of the resource issues and regulatory setting.
o Establish a common understanding of the environmental compliance program,
including communication and reporting responsibilities.
o Provide an overview of the environmental resource issues, mitigation measures, and
permit conditions.
o Discuss special-status species (e.g. California red-legged frog) in the project area
including their life history.
The training will be provided to the construction contractor personnel prior to the start of the
project. As new construction personnel are added to the project the biologist assigned to
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
the project will have the materials and information available to provide an environmental
tailboard to the construction personnel.
Assumptions:
o One training session with up to 3 tailboard sessions to provide new personnel
working on the project with training materials and instruction. Typically, tailboard
trainings would be combined with daily monitoring in sensitive resource areas or
weekly checks of the project site fencing.
•AMM-BIO-3: Retain a Biological Monitor to Conduct Visits during Construction
A qualified biologist will conduct monitoring of construction activities. The frequency of the
monitoring will range from daily to weekly based on permit requirements and the results of
the preconstruction surveys. The monitoring effort will be coordinated with the construction
contractor based on their work schedule and the type of work being performed. The
monitoring biologist will assist the City and their contractor with environmental compliance
and assist with resolving any environmental issues that arise during construction. The
monitoring biologist will work with the construction crew and guide the installation of
exclusion fencing for special-status species. The biologist will also be responsible for
regularly inspecting the exclusion fencing during ground disturbing activities until
construction is complete or until the fences are removed.
The biologist will complete daily monitoring logs and will communicate directly with the
onsite construction supervisor to ensure that impacts to special-status species are avoided.
The biologist will immediately notify the City if special-status species are observed or if
avoidance and minimization measures are not or cannot be adhered too.
Assumptions:
o The biological monitor will be onsite for up to nine-hour days, and up to five (5)
consecutive days per work week. Travel time to and from the construction site is
estimated at one hour each way. Total project construction monitoring would not
exceed 250 hours.
o One construction crew will be working at a time or multiple crews working within
proximity to each other so that only one biologist is required to conduct morning
clearance surveys, train new personnel, and monitor construction activities.
o The ICF project manager or lead monitoring biologist will be notified of the minimum
surface level disturbance schedule at least one (1) week before work begins.
o Daily monitoring reports will consist of a simple monitor log template, populated with
site-specific project information in a journal format or a checklist form. Logs will
include a description of construction activities, areas surveyed and monitored,
communication with construction personnel, noncompliance issues and resolutions,
and a list of all wildlife species observed during monitoring activities. Site photos will
be included in each report, as appropriate. Daily monitoring reports will be completed
using a tablet with an electronic monitoring form.
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
•AMM-BIO-4: Avoid and Minimize Potential Disturbance of Valley Foothill Riparian
Community
ICF will provide a certified arborist to assist the construction contractor with the appropriate
pruning or root cutting of retained trees. Areas of the project site that undergo vegetative
pruning will be inspected immediately before construction, immediately after construction,
and 1 year after construction to determine the amount of pre-Project vegetative cover, cover
that has been removed, and cover that regrows. After 1 year, if vegetation in these areas
has not regrown sufficiently to return the cover to the pre-Project level, the City will replant
the areas with native species to reestablish the cover to the pre-Project condition.
Assumption:
o ICF will prepare a letter report and map on the location of pruning areas. The report
will discuss construction related trimming and site conditions immediately following
the completion of construction. An additional survey and letter report will be
prepared with recommendations one year following the completion of construction.
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 4
(AMENDED, REPLACES PREVIOUS EXHIBIT “B” FROM AMENDMENT NO.3)
CONSULTANT shall perform the Services so as to complete each milestone within the completion dates
specified below. The completion dates shown below are the final completion date of the tasks which include
30%, 60%, 90%, final design, specifications of PS&E and all relevant tasks to complete the Project. 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 shown below within 2
weeks of receipt of the notice to proceed (NTP).
Milestones Completion Date for Tasks
1.Project Management December 31, 2024
2.Existing Document Review May 9, 2012 (completed)
3.Utility Coordination February 27, 2013 (completed)
4.Environmental Studies June 30, 2020 (completed)
5.Survey July 20, 2015 (completed)
6.Bridge Hydraulic Report September 14, 2015 (completed)
7.Geotechnical Investigation September 20, 2012 (completed)
8.Preliminary Engineering and Type Selection November 10, 2021
9.Final Design & PS&E Development September 9, 2022
10.Regulatory Agency Permitting September 9, 2022
11.Bidding and Construction Support December 31, 2023
The Schedule of Performance applicable to the Services detailed in Exhibit A-3 (Scope of Services,
Amendment No.4) which are not labeled “Task Completed” in Exhibit A-3, is provided in the attached
“Attachment 1 to Exhibit B.” Attachment 1 to Exhibit B is hereby attached and incorporated into this
Exhibit B by reference as though fully set forth herein. As with the above milestones, the time to
complete each milestone detailed in Attachment 1 to Exhibit B 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. As with the above milestones, CONSULTANT shall provide
a detailed schedule of work consistent with the schedule shown in Attachment 1 to Exhibit B within 2
weeks of receipt of the notice to proceed (NTP).
Page 29 of 34
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
ID Task Name Duration Start Finish
1 NOTICE TO PROCEED 0 wks Thu 7/1/21 Thu 7/1/21
2
3 Phase 1 - Preliminary Engineering 139 wks Mon 7/5/21 Fri 3/1/24
4 Task 1 - Project Management 139 wks Mon 7/5/21 Fri 3/1/24
5 Task 1.1 - Project Management 139 wks Mon 7/5/21 Fri 3/1/24
7 Task 1.2 - Meetings 62 wks Mon 7/5/21 Fri 9/9/22
9 Task 1.3 - Quality Assurance / Quality Control 62 wks Mon 7/5/21 Fri 9/9/22
11 Task 1.4 - Project Schedule 62 wks Mon 7/5/21 Fri 9/9/22
13
14 Task 3 - Utility Coordination (Caltrans Utility Process)70 wks Mon 7/5/21 Fri 11/4/22
16
17 Task 5 - Survey and Base Mapping 20 wks Mon 6/20/22 Fri 11/4/22
19
20 Task 6 - Bridge Hydraulic Report 5 wks Mon 7/5/21 Fri 8/6/21
22
23 Task 7 - Geotechnical Investigations 8 wks Mon 7/5/21 Fri 8/27/21
24 Task 7.4 - Soils Analysis/Evaluation 2 wks Mon 7/5/21 Fri 7/16/21
26 Task 7.5 - Preparare Draft Foundation Report 4 wks Mon 7/5/21 Fri 7/30/21
28 Task 7.6 - Prepare Final Foundation Report 4 wks Mon 8/2/21 Fri 8/27/21
30
31 Task 8 - Preliminary Engineering & Type Selection Report 20 wks Mon 7/5/21 Fri 11/19/21
32 Task 8.1 Preliminary Engineering & Bridge Type Selection Report 10 wks Mon 7/5/21 Fri 9/10/21
34
35 Type Selection Report & Preliminary Engineering Submittal 0 wks Fri 9/10/21 Fri 9/10/21
36
37 Agency Review of Preliminary Engineering 4 wks Mon 9/13/21 Fri 10/8/21
38 City of Palo Alto 4 wks Mon 9/13/21 Fri 10/8/21
39 City of East Palo Alto 4 wks Mon 9/13/21 Fri 10/8/21
40 Valley Water 4 wks Mon 9/13/21 Fri 10/8/21
41
42 Caltrans Type Selection Review Process 10 wks Mon 9/13/21 Fri 11/19/21
43 First Caltrans Review 6 wks Mon 9/13/21 Fri 10/22/21
44 Type Selection Meeting 1 wk Mon 10/25/21 Fri 10/29/21
45 NV5 Responses to Caltrans Comments 2 wks Mon 10/25/21 Fri 11/5/21
46 Type Selection Report Re-Submittal 0 wks Fri 11/5/21 Fri 11/5/21
47 Second Caltrans Review 2 wks Mon 11/8/21 Fri 11/19/21
48
49 Phase 2 - Final Design & Permitting 44 wks Mon 11/22/21 Fri 9/23/22
50 Task 9 - Final Design & PS&E Development 44 wks Mon 11/22/21 Fri 9/23/22
51 Task 9.1 - Bridge Structural Design 12 wks Mon 11/22/21 Fri 2/11/22
54 Task 9.2 - Roadway Design 12 wks Mon 11/22/21 Fri 2/11/22
58 Task 9.3 - Traffic Control / Construction Staging Plans 12 wks Mon 11/22/21 Fri 2/11/22
60 Task 9.4 - 65% Plans, Special Provisions & Estimate 2 wks Mon 2/14/22 Fri 2/25/22
64
65 Task 9.5 - First (65%) PS&E Submittal 0 wks Fri 2/25/22 Fri 2/25/22
66
67 Agency Review of 65% PS&E 6 wks Mon 2/28/22 Fri 4/8/22
68 City of Palo Alto 4 wks Mon 2/28/22 Fri 3/25/22
69 City of East Palo Alto 4 wks Mon 2/28/22 Fri 3/25/22
70 Valley Water 4 wks Mon 2/28/22 Fri 3/25/22
71 Caltrans 6 wks Mon 2/28/22 Fri 4/8/22
72
73 Task 9.6 - Independent Design Check 15 wks Mon 2/28/22 Fri 6/10/22
75
76 Task 9.7 - Response to 65% / 90% PS&E Development 10 wks Mon 4/11/22 Fri 6/17/22
77 NV5 Responses to 65% Comments 2 wks Mon 4/11/22 Fri 4/22/22
78 Prepare 90% PS&E (Bridge and Roadway)8 wks Mon 4/25/22 Fri 6/17/22
79
80 Task 9.8 - Second (90%) PS&E Submittal 0 wks Fri 6/17/22 Fri 6/17/22
81
82 Agency Review of 90% PS&E 6 wks Mon 6/20/22 Fri 7/29/22
83 City of Palo Alto 4 wks Mon 6/20/22 Fri 7/15/22
84 City of East Palo Alto 4 wks Mon 6/20/22 Fri 7/15/22
85 Valley Water 4 wks Mon 6/20/22 Fri 7/15/22
86 Caltrans 6 wks Mon 6/20/22 Fri 7/29/22
87
88 Task 9.9 - Third (100%) PS&E Submittal 8 wks Mon 8/1/22 Fri 9/23/22
89 Response to 90% Comments 2 wks Mon 8/1/22 Fri 8/12/22
90 Prepare 100% PS&E 6 wks Mon 8/15/22 Fri 9/23/22
91
92 Final PS&E Submittal 0 wks Fri 9/23/22 Fri 9/23/22
93
94 City Building Permit Application Submittal 4 wks Mon 6/20/22 Fri 7/15/22
95 Response to 90% Comments 2 wks Mon 6/20/22 Fri 7/1/22
96 City Building Permit Resubmittal 2 wks Mon 7/4/22 Fri 7/15/22
97
98 Task 10 - Regulatory Agency Permitting 42 wks Mon 11/22/21 Fri 9/9/22
99 Prepare Permit Application 12 wks Mon 11/22/21 Fri 2/11/22
100 Regulatory Agency Permitting 28 wks Mon 2/28/22 Fri 9/9/22
101
102 Phase 3 - Bidding & Construction Support 60 wks Mon 11/7/22 Fri 12/29/23
103 Task 11 - Bid Assistance & Construction Support 60 wks Mon 11/7/22 Fri 12/29/23
104 Task 11.1 - Construction Bid Assistance 5 wks Mon 11/7/22 Fri 12/9/22
105 Task 11.2 - Construction Support 42 wks Mon 3/13/23 Fri 12/29/23
7/1
9/10
11/5
2/25
6/17
9/23
B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B M E B
April May June July August September October November December January February March April May June July August September October November December January February March April May June July August September October November December Janu
Task
Split
Milestone
Summary
Project Summary
External Tasks
External MileTask
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Split
ATTACHMENT 1 TO EXHIBIT "B" AMENDMENT NO. 4 SCHEDULE OF PERFORMANCE
Preliminary Project Schedule
Page 1
Project: 20210510_Newell Schedule.m
Date: Thu 6/3/21
Page 30 of 34
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
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EXHIBIT "C-4"
COMPENSATION, AMENDMENT NO. 4
The CITY agrees to compensate the CONSULTANT for 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 to be
performed as described in Exhibit “A-3”, and reimbursable expenses (here, $6,500 for Direct Costs
per the budget schedule below), shall not exceed $504,661. CONSULTANT agrees to complete
all such Services, including any reimbursable expenses (here, Direct Costs), within this amount.
In the event CITY authorizes any Additional Services, the maximum compensation shall not
exceed $527,146. 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 the Services, including
any reimbursable expenses (here, Direct Costs), does not exceed $504,661 and the total
compensation for Additional Services does not exceed $22,485.
(Exhibit C-4 is continued on the next page.)
Page 31 of 34
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
BUDGET SCHEDULE NOT TO EXCEED AMOUNTS
TASK
# TASK DESCRIPTION
6D Request
(Work
Completed)
6D
Request
(Final
PS&E)
6D
Request
(Final
PS&E Rate
Escalation)
Additional
Services
Funds
Approved
in 6D
New
Contract
Fee After
6D
Request
Phase I - Preliminary Engineering
1 Project Management
1.1 Project Management $66,800 $30,000 $20,200 $117,000
1.2 Meetings $15,000 $10,000 $5,500 $30,500
1.3 Quality Assurance / Quality Control $1,500 $1,500
1.4 Project Schedule $4,000 $4,000 $900 $8,900
Subtotal - Task 1 $85,800 $44,000 $28,100 $157,900
3 Utility Coordination
3.0 Utility Coordination $900 $900
Subtotal - Task 3 $0 $0 $900 $900
4 Environmental Clearance Documents
4.2 Prepare Admin Draft and Draft I.S. $9,322 $9,322
4.6 Project Mgmt and Mtgs. $17,539 $17,539
Subtotal - Task 4 $26,861 $0 $0 $26,861
5 Survey and Base Mapping
5.3 Acquisition Plats and Legal
Descriptions $900 $900
Subtotal - Task 5 $0 $0 $900 $900
6 Location Hydraulic Study/Bridge Hydraulic Report
6.2 Location Hydraulics Study $15,000 $15,000
6.3 Bridge Hydraulic Report $900 $900
Subtotal - Task 6 $15,000 $0 $900 $15,900
10 Preliminary Engineering and Type Selection
8.1 Preliminary Engineering & Bridge
Type Selection Report $11,000 $20,000 $10,200 $41,200
8.3 35% Preliminary Plans and Estimate $35,000 $4,000 $39,000
Subtotal - Task 8 $11,000 $55,000 $14,200 $80,200
Phase I -Preliminary Engineer’g -Subtotals $138,661 $99,000 $45,000 $282,661
(Continued on the next page.)
Page 32 of 34
DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
Phase II - Final Design & Permitting
9 Final Design & PS&E Development
9.1 65% Bridge / Structural Design $10,600 $10,600
9.2 Roadway Design $3,800 $3,800
9.3 Traffic Control/Construction Staging
Plans $2,120 $2,120
9.4 65% Plans, Special Provisions, &
Construction Cost Estimate Preparation $6,300 $6,300
9.5 First (65%) PS&E Submittal $1,400 $1,400
9.6 Independent Design Check $4,630 $4,630
9.7 Response to Review Comments / 90%
PS&E Submittal $4,300 $4,300
9.8 Second (90%) PS&E Submittal $4,800 $4,800
9.9 Third (100%) PS&E Submittal $3,200 $3,200
9.10 Landscape Architectural Final PS&E
Design (Callander) $0
Subtotal - Task 9 $0 $0 $41,150 $41,150
10 Regulatory Agency Permitting
Regulatory Agency Permitting (ICF) $0 $11,314 $11,314
Subtotal - Task 10 $0 $0 $11,314 $11,314
Phase II -Final Design &Permitting -Subtotals $0 $0 $52,464 $52,464
Phase III - Bidding & Construction Support
11 Construction Bid Assistance
11.1 Bidding Assistance $0
11.2 Construction Support Services $100,000 $100,000
11.3 Pre-construction Survey / Minimization
& Mitigation Measures $60,000 $3,036 $63,036
Phase III -Bidding &Constr Support -Subtotal $160,000 $3,036 $163,036
Phases I – III Services - Subtotal $498,161
Direct Costs (treated as Reimbursable Expenses) $6,500 $6,500
Subtotal Phase I-III Services and Direct Costs $504,661
Additional Services $22,485 $22,485
TOTAL NOT-TO-EXCEED AMOUNTS $138,661 $259,000 $107,000 $22,485 $527,146
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:
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DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
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.
COMPENSATION, NOT-TO-EXCEED AMOUNTS AND TOTALS: ORIGINAL
CONTRACT AND AMENDMENTS 1 THROUGH 4
Services
(aka Basic Services)
and Reimbursable
Expenses*
Additional Services
Maximum
Not-to-exceed
Amount
Original Contract $471,977 $47,200 $519,177
Amendment No.1 $151,929 $15,071 $167,000
Amendment No.2 $607,730 $60,270 $668,000
Amendment No.3 -- -- --
Amendment No.4 $504,661* $22,485 $527,146
Original Contract
and Amdts 1-4 $1,736,297 $145,026 $1,881,323
*Direct Costs ($6,500) in Amendment No. 4, Exhibit “C-4” are treated as Reimbursable Expenses.
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DocuSign Envelope ID: 222E82F6-9EA2-4D9A-B098-89F58166C758
Attachment B
COOPERATION AGREEMENT
BETWEEN THE CITY OF EAST PALO ALTO AND
THE CITY OF PALO ALTO
REGARDING THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT
OVERPASS REPAIR, PROJECT# PE-12011
This Cooperation Agreement (this "Agreement") is dated for identification the /1-".!! day of
Jhlt.M,,,f ,202-. and is made by and between the CITY OF EAST PALO ALTO, a California municipal
corporation (hereinafter "EAST PALO ALTO"), and the CITY OF PALO ALTO, a California Charter City and
municipal corporation, whose address is 250 Hamilton Avenue, Palo Alto, California, 94301 (hereinafter
"PALO ALTO").
RECITALS
WHEREAS, the Newell Road bridge spans the San Francisquito Creek that borders EAST PALO
ALTO and PALO ALTO, allowing vehicles, bicycles and pedestrians passage between the two cities;
WHEREAS, PALO ALTO is planning to replace the existing Newell Road bridge for the benefit of
EAST PALO ALTO and PALO ALTO as a portion of the bridge is located in each jurisdiction; and
WHEREAS, both EAST PALO ALTO and PALO ALTO will benefit from the replacement of the
Newell Road bridge; and
WHEREAS, replacement of the Newell Road Bridge will require additional permanent
improvements within EAST PALO ALTO and PALO ALTO to accommodate the new wider and elevated
bridge; and
WHEREAS, replacement of the Newell Road Bridge is required to complete additional
improvements along San Francisquito Creek and upstream of the bridge in order to reduce the flood
risks in EAST PALO ALTO and PALO ALTO; and
WHEREAS, Federal funding is available for a significant portion of the actual construction cost of
replacing the Newell Road bridge; and
WHEREAS, the Federal funding is contingent upon local matching funds from Santa Clara Valley
Water District (Valley Water); and
WHEREAS, EAST PALO ALTO and PALO ALTO are mutually interested in the project to replace
Newell Road Bridge (the "Project" as defined below) since the existing bridge is not wide enough to
include sidewalks or wide enough for two 10-foot wide travel lanes and it constrains the creek flows that
can pass under the bridge as it serves both communities;
NOW, THEREFORE, the parties agree as follows:
1. Scope of Agreement. This Agreement is intended to set forth the general terms and conditions for
improvements to the Newell Road Bridge Replacement, Project No. PE-12011 (the "Project"), as well
as the responsibilities of each party with respect to funding, design, bidding process, construction,
construction management, construction implementation and maintenance for the Project.
Page 1 of 7
2. Funding.
a. Caltrans Grant. The California Department of Transportation ("Caltrans") has authorized
Federal Highway Bridge Program funding for the construction of the Project.
3. Term of the Agreement. This Agreement shall be effective upon full execution and shall continue in
full force and effect until terminated in accordance with Section G(f) (Termination) of this
Agreement.
4. Obligations of the Parties.
a. PALO ALTO shall:
(1) Conduct competitive solicitation processes and provide and manage funding for
the Project in accordance with State and local laws.
(2) Enter into and manage contract(s) with the contractor(s) and consultant(s)
needed to implement the Project on behalf of EAST PALO ALTO and PALO ALTO.
(3) Notify residents of the impending Project work to be done, if necessary.
(4) Provide all necessary engineering, inspection and administrative services in
connection with the Project.
(5) Permit EAST PALO ALTO to inspect the Project work if EAST PALO ALTO so
requests.
(6) Be responsible for all grant reporting, processing all invoices, billing and
compliance requirements.
(7) Require the Contractor to list EAST PALO ALTO as an additional insured on its
General Liability and Automobile Liability insurance.
(8) Provide a contact person to East Palo Alto for Project coordination prior to and
during construction.
(9) Provide other cooperation as reasonably necessary to implement the Project .
b. EAST PALO ALTO shall:
(1) Provide notice and outreach to stakeholders such as and without limitation
Council, City Manager, Boards and Commissions and Departments.
(2) Provide no-cost permits, such as and without limitation Encroachment Permit,
Tree Trimming and Building Permits, in relation to the Project on the EAST PALO
ALTO side.
Page 2 of 7
(3) Review and approve the Traffic Control Plans and Logistics Plans prepared by
the Contractor and used within City of East Palo Alto.
(4) Provide a contact person to PALO ALTO for Project coordination prior to and
during construction including coordination of any inspections that may be
required.
(5) Provide other cooperation as reasonably necessary to implement the Project.
5. Hold Harmless. Pursuant to Government Code Section 895.4, EAST PALO ALTO and PALO ALTO shall
fully indemnify and hold each other's city, its officers, employees and agents harmless from any
damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by
the recent negligent acts or omissions or willfulness conducted by the indemnifying party, its
officers, employees or agents under or in connection with any work, authority or jurisdiction
delegated to such party under this Agreement. No party, nor any officer, employee 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 parties hereto, their officers, employees or agents,
under or in connection with any work, authority or jurisdiction delegated to such other parties
under this Agreement.
6. Miscellaneous Provisions.
a. Access to Public Right-of-Way. Both parties agree to provide access to the public right-of
way for purposes of construction and construction management of the Project. The parties
shall enter into any encroachment agreements as may be necessary for that purpose.
b. Construction Equipment and Parking. The parties agree to make space available in their
respective jurisdictions for the construction contractor(s) equipment and parking during the
construction and construction management phases of the Project.
c. Future Maintenance. The parties acknowledge and agree that the maintenance of the
bridge is the shared responsibility of the parties, with each party responsible for those parts
of the bridge, appurtenances, landscaping, retaining walls, utilities, and improvements
located within its jurisdiction. The parties will enter into a separate maintenance agreement
detailing the maintenance roles and responsibilities of the parties in greater detail.
d. Public Awareness. The parties will cooperate in the planning and implementation of
groundbreaking, ribbon cutting ceremonies and other such public awareness/participation
events and initiatives ofthe parties in relation to the Project.
e. Meetings. The parties will provide notice in advance of any meetings (for example, City
Council or commission meetings) that a party requests the other party to attend and of the
nature of the requested participation.
Page 3 of 7
f. Termination.
(1) In the event that Caltrans or Valley Water do not provide funding at the level
anticipated by the parties for the Project, PALO ALTO may elect to terminate
this Agreement by providing written notice of termination to EAST PALO ALTO
within sixty (60) days.
(2) In the case of a force majeure event, PALO ALTO may terminate this Agreement
upon ten (10) days' notice to EAST PALO ALTO. As used herein, "force majeure
event" means any matter or condition beyond the reasonable control of PALO
ALTO, including war, public emergency or calamity, fire, earthquake,
extraordinary inclement weather, Acts of God, strikes, labor disturbances or
actions, civil disturbances or riots, litigation brought by third parties against
PALO ALTO, or any act of a superior governmental authority or court order
which delays or prevents PALO ALTO from performing its obligations or
administering construction of the Project under Section 4 (Obligations of the
Parties) of this Agreement.
(3) The parties may terminate this Agreement in a writing signed by the authorized
representatives of the parties provided that (i) the Project is complete (as
demonstrated by the filing by PALO ALTO of a Notice of Completion with the
two counties the Project is located in) and (ii) the parties have executed a
maintenance agreement as detailed in Section 6(c) (Future Maintenance).
g. Claims. Claims arising out of actions subject to this Agreement shall be administered by the
city with jurisdiction over the geographic area in which the claim arose.
h. Prohibition Against Assignment. Neither party may assign or transfer any right, claim or
interest it may have in this Agreement, and any such assignment shall be void.
i. Notices. All notices and other communications required or permitted to be given under this
Agreement shall be in writing and may be delivered by (a) certified mail, return receipt
requested to a party's principal place of business as forth below in this Notices section, (b)
hand delivered, (c) facsimile with receipt of a "Transmission Confirmed" acknowledgment,
(d) e-mail, or (e) delivery by a reputable overnight carrier service. In the case of delivery by
facsimile or e-mail, the notice must be followed by a copy of the notice being delivered by a
means provided in (a), (b) or (e). The notice will be deemed given on the day the notice is
received.
Notices shall be addressed to the respective parties as follows:
Public Works Department
Attention: Director of Public Works
City of Palo Alto
250 Hamilton Avenue, Sixth Floor
Palo Alto, CA 94301
Page 4 of 7
Public Works Department
Attention: Public Works Director
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
or to such other address as any party may designate by written notice in accordance with
this section.
A copy of any notice of a legal nature, including, but not limited to, any claims against either
party, its officers or employees shall also be served in the manner specified above to the
following addresses:
City Attorney City of Palo Alto
250 Hamilton Avenue, Eighth Floor
Palo Alto, CA 94301
City Attorney City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
j. Attorney's Fees. In the event either party breaches any of the terms, covenants or provisions
of this Agreement, and the other party commences litigation to enforce any provisions of
this Agreement, the cost of attorney's fees and the attendant expenses will be payable to
the prevailing party by-the non-prevailing party upon demand.
k. Successors and Assigns. The terms of this Agreement shall be binding and insure to the
benefit of the parties hereto and their successors and assigns.
I. Governing Law. The parties agree that the law governing this Agreement shall be that of the
State of California.
m. Venue. In the event that suit shall be brought by either party hereunder, the parties agree
that trial of such action shall be exclusively vested in a state courts of either the County of
Santa Clara, or the County of San Mateo or where otherwise appropriate, exclusively in the
United States Court, Northern District of California.
n. Headings. The headings of the sections and subsections of this Agreement are inserted for
convenience only. They do not constitute a part of this Agreement and shall not be used in
its construction.
o. Waiver. The waiver by any party to this Agreement of a breach of any provision of this
Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach
of that or any other provision of this Agreement.
Page 5 of 7
p. Severability. If any term, covenant, condition or prov1s1on of this Agreement, or the
application th~reof to, any person or circumstance, shall to any extent be held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms,
covenants, conditions or provisions of this Agreement, or the application thereof to any
person or circumstance, shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
q. Amendment. This Agreement may only be amended in writing and signed by the authorized
representatives of both parties and approved as required under applicable law.
r. Entire Agreement. This Agreement, including all exhibits referenced herein and attached
hereto, contains the entire understanding between the parties with respect to the subject
matter herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered hereunder. There are no representations, agreements or
understandings (whether oral or written) between or among the parties relating to the
subject matter of this Agreement which are not fully expressed herein.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
Page 6 of 7
Party Signatures to the Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth
below, effective as of the date of full execution.
CITY OF PALO ALTO
DATED: _jAu.u~ i+, , 202~
DATED : )7~ "2,.._2,.. 2020
CITY OF EAST PALO ALTO
DATED: #~f ti W I 2020
DATED : ~(}~c_4~>);~.g'~c»-~-~· 2020
Ed Shikada
City Manager
APPROVED AS TO FORM:
MOLLY S. STUMP
CITY ATTORNEY
By:~~
Cassie Coleman
Assistant City Attorney
:~~~ Cw1 t=--
City Manager
APPROVED AS TO FORM:
RAFAEL E. ALVARADO, JR.
Cl~
By .C,/7
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