HomeMy WebLinkAboutStaff Report 2308-19448.Approval of Amendment No. 5 to Contract No. C12142825 with NV5, Inc. to add
$295,083, increasing the not-to-exceed amount to $2,176,406, for Right-of-Way Appraisal
and Acquisition Support for the Newell Road/San Francisquito Creek Bridge Replacement
Project, Capital Improvement Program Project PE-12011. CEQA: Environmental Impact
Report for Newell Road/San Francisquito Creek Bridge (Resolution No.9889).
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: November 27, 2023
Report #:2308-1944
TITLE
Approval of Amendment No. 5 to Contract No. C12142825 with NV5, Inc. to add $295,083,
increasing the not-to-exceed amount to $2,176,406, for Right-of-Way Appraisal and Acquisition
Support for the Newell Road/San Francisquito Creek Bridge Replacement Project, Capital
Improvement Program Project PE-12011. CEQA: Environmental Impact Report for Newell
Road/San Francisquito Creek Bridge (Resolution No.9889).
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute Amendment No. 5 to Contract No. C12142825 with NV5, Inc. in a not-to-exceed
amount of $295,083 for design and right-of-way appraisal and acquisition support for the
Newell Road/San Francisquito Creek Bridge Replacement Project (PE-12011), including
$236,083 for basic services and $59,000 for additional services, resulting in a total not-to-
exceed contract amount of $2,176,406.
BACKGROUND
Replacement of the Newell Road Bridge is a key element of flood control for San Francisquito
Creek. On June 1, 2020, Council approved the project and the Final Environmental Impact
Report (EIR). The full background of the project’s progress and contract amendments can be
found in the most recent Council action on June 22, 2021.1
ANALYSIS
In December 2020, Caltrans approved and programmed an amount of $113,000 for right-of-
way support for the Newell Road Bridge project. Right-of-way support services including
property appraisals, preparation of documents for temporary and permanent easements, and
coordination with property owners, were not originally included in NV5’s contract. Because of
the additional grant funding from Caltrans, a formal solicitation was required to complete the
right-of-way phase. A sub-consultant to NV5, Associated Right-of-Way Services (ARWS), was
1 City Council, June 22, 2021, Agenda Item #5; SR #12368
https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2021/id-12368.pdf
selected in Fall 2022 to advance the right-of-way support. The sub-consultant was able to
commence the right-of-way support tasks with available funds moved administratively within
the contract. The recommended contract amendment (Attachment A) will add to the scope
right-of-way services to be performed by ARWS and NV5. The cost for these services is
$219,211.
This amendment also includes additional funding for scope associated with the Plans,
Specifications and Estimate phase. The additional scope includes updates performed to
complete the plans, notably a Caltrans requirement to implement the 2022 Caltrans
Construction Contract Standards. The fee associated with the scope is $16,872.
Lastly, this amendment includes an additional adhoc services amount of $59,000, which equals
25% of the amount of the basic services amount, for services not yet foreseen that may be
needed to support completing the design. Although the standard construction contract
contingency is typically 10%, as a contract that provides expert services, the higher amount is
recommended based on the complexity of the project and the history of working with Caltrans
on funding requests. There are design elements of the project with added complexities due to
improvements that extend onto private properties and require raising the public roads.
These amounts have been submitted to Caltrans as a funding request, along with the other
additional funding and moving of funding to the current fiscal year to support project
construction in calendar year 2024. Caltrans is currently reviewing the funding requests.
FISCAL/RESOURCE IMPACT
Funding for the contract amendment is available in the Fiscal Year 2024 Adopted Capital
Improvement Program Newell Road/San Francisquito Creek Bridge Replacement project (PE-
12011).
STAKEHOLDER ENGAGEMENT
Significant stakeholder engagement was done during the environmental review phase. Ongoing
coordination with adjacent property owners is underway as part of the right-of-way phase.
ENVIRONMENTAL REVIEW
An Environmental Impact Report for the Newell Road/San Francisquito Creek Bridge
Replacement Project was completed and certified by Council on June 1, 2020 (SR #11184), by
adoption of Resolution No. 9889.2
ATTACHMENTS
Attachment A: Amendment No. 5 to Contract No. C12142825 with NV5, Inc.
APPROVED BY: Brad Eggleston, Director Public Works/City Engineer
2 Resolution 9889, https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-
9889.pdf?t=62904.01
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AMENDMENT NO. 5 TO CONTRACT NO. C12142825A
BETWEEN THE CITY OF PALO ALTO AND
NV5, INC.
This Amendment No. 5 (this “Amendment”) to Contract No. C12142825 (the “Contract” as
defined below) is entered into as of November 13, 2023, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and NV5, INC., a California corporation, located
at 15092 Avenue of Science, Suite 200, San Diego, CA 92128 (“CONSULTANT”). CITY and
CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A.The Contract (as definedbelow) was entered into by and between the Parties hereto
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.
B.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.
C.The Parties entered into Amendment No. 4 to (1) increase and amend the Scope of
Services; (2) increase the compensation by Five Hundred Twenty-Seven Thousand 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 therein.
D. The Parties now wish to amend the Contract in order to (1) add Scope for Right-of-Way
Support Services and changes to Plan, Specification and Estimate; and (2) increase the
compensation by Two Hundred Ninety-Five Thousand Eighty-Three Dollars and Twenty Cents
($295,083.20), from One Million Eight Hundred Eighty-One Thousand Three Hundred Twenty-Three
Dollars ($1,881,323) to a new total not-to-exceed amount of Two Million One Hundred Seventy-Six
Thousand Four Hundred Six Dollars and Twenty Cents ($2,176,406.20), 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
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Amendment No.2, dated March 10, 2015
Amendment No.3, dated June 1, 2020
Amendment No.4, dated June 21, 2021
b.Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings 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), Exhibit “A-3” (Scope of Services, Amendment No. 4), and
Exhibit “A-4” (Scope of Services, Amendment No.5) 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 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), Exhibit “C-4” (Compensation, Amendment No. 4) OR
Exhibit “C-5” (Compensation, Amendment No. 5) as applicable, shall not exceed One Million
Nine Hundred Seventy-Two Thousand Three Hundred Eighty Dollars and Twenty Cents
($1,972,380.20). 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 Two Million
One Hundred One Hundred Seventy-Six Thousand Four Hundred Six Dollars and Twenty
Cents ($2,176,406.20), as detailed in Exhibit(s) “C”, “C-2” “C-3”, “C-4” and/or “C-5”, as
applicable. The applicable rates and schedules of payment (budget schedules) are set out
in Exhibit(s) “C”, “C-1”, “C-2”, “C-3”, “C-4”, and/or “C-5”, 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”, “C-4”, and/or “C-5”, 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 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”, Exhibit “A-3” or Exhibit“A-4”.
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SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a.
b.
Exhibit “A-4” entitled “SCOPE OF SERVICES, AMENDMENT NO. 5”, ADDED.
Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 5”,
AMENDED, REPLACES PREVIOUS.
c.Exhibit “C-5” entitled “COMPENSATION, AMENDMENT NO. 5”, ADDED.
SECTION 5. 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 6. 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 NV5, INC.
Officer 1
___________________________
City Manager
By:_______
Jeffrey M. Cooper, Senior Vice PresidentName:___________________________
Senior Vice PresidentTitle:____________________________
APPROVED AS TO FORM:
Officer 2
____________________________
City Attorney or Designee By:______________________________
MARYJO E O'BRIENName:___________________________
Corporate SecretaryTitle:____________________________
Attachments:
Exhibit “A-4”: “SCOPE OF SERVICES, AMENDMENT NO. 5” (ADDED)
Exhibit “B”: “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 5” (AMENDED, REPLACES
PREVIOUS)
Exhibit “C-5”: “COMPENSATION, AMENDMENT NO. 5” (ADDED)
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EXHIBIT A-4
SCOPE OF SERVICES, AMENDMENT NO. 5
(ADDED)
CONSULTANT (also referred to herein as “NV5”) will provide the Services described in this Exhibit
“A-4,” Scope of Services, Amendment No. 5, which details the tasks required to finalize the Newell
Road Bridge Project for the City of Palo Alto.
This Exhibit “A-4” identifies the Services already provided from Exhibits “A” through “A-3” (“Tasks
Completed” as identified below), details the Services remaining to be provided during the remainder
of the term of the Agreement, and details Services added and to be provided during the remainder
of the term of the Agreement as of the Effective Date of Amendment No. 5, 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-4” and the Scopes of Services provided in Exhibits “A” through “A-
4,” the Scope of Services provided in Exhibit “A-4” 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” or “on-going”. 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 (On-going)
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 1.2 – Meetings (On-going)
Task 1.3 - Quality Assurance/Quality Control (On-going)
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 (On-going)
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:
1. Project Schedule
Task 3 - Utility Coordination (On-going)
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
Task 4 – Environmental Clearance Documents (Task Completed)
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Task 5.3 - Right of Way Engineering Services (On-going)
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.
.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 Completed)
Task 7 - Geotechnical Investigations (Task Completed)
Task 7.5 – Prepare Draft Foundation Report (Task Completed)
Task 7.6 - Final Foundation Report (Task Completed)
Task 8 - Type Selection (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 (Task Completed)
Task 9.2 - Roadway Design (Task Complete)
Task 9.3 - Traffic Control/Construction Staging Plans (Task Completed -funds remaining)
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 (Task Completed)
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Task 9.5 - First (65%) PS&E Submittal (Task Completed)
Task 9.6 - Independent Design Check (Task Completed)
Task 9.7 - Response to Review Comments / 90% PS&E Revisions (Task Completed)
Task 9.8 - Second (90%) PS&E Submittal (Task Completed)
Task 9.9 – Third (100%) PS&E Submittal (On-going)
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.
Task 9.10 – Landscape Architectural Final PS&E Submittal (On-going)
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)
Task 10.1 – Permitting (Work by Others – Task remains open if assistance is necessary)
10.2 Right-of-Way A&A Project Management – General Consultation
NV5 will directly coordinate with Client on a monthly basis through the completion of ROW A&A and
Utility Coordination services. PM tasks will include management and oversight of the new A&A
subconsultant and services, including time for selection procedure, coordination with City on A&A
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activities, invoicing, schedules, and budget for A&A activities. QA/QC of plats and legals and for
checking the roadway design efforts that will be provided to sub-consultant, Associated Right of
Way Services, Inc. (ARWS) is also included.
Additional meetings are also planned for this new service, including: bi-weekly team meetings (City
/ ARWS / NV5) for the new A&A task during the initial appraisal and negotiation phase, monthly
team meetings through the remainder of the new task, 2 information exchange meetings with the
design team and ARWS.
ARWS management duties will include:
•Establish work process with NV5 and City and schedule, manage and coordinate all
real estate and functions.
•
•
On-going consultation, meetings and recurring project management duties.
Coordinate with NV5, City, appraiser, review appraiser, property acquisition agent
and City’s legal counsel.
•Assistance with analyzing various courses of action. Work with NV5 and City to
resolve problems and recommend solutions.
•
•
Contract management, budget monitoring and control, and project reporting.
Implementation and compliance with applicable state and federal laws and
regulations.
•Maintaining accurate records. Monitor work plan and work flow.
Task 10.2 Deliverables:
NV5 will deliver the following work products for this scope item:
1.
2.
3.
Monthly Invoices
Budget Tracking Spreadsheet
Monthly Progress Report
ARWS will deliver the following work products for this scope item:
1. Project status report spreadsheets
10.3 Appraisal Services
As designs have progressed through 90%, the number of parcels affected has increased from the
original 5 assumed during scoping of the project over a decade ago to the 9 parcels confirmed with
ARWS and presented above. Parcels determined to be affected by the project and coordinated
with ARWS for the Appraisals and Acquisition Task, include 4 added parcels: APN No. 063-514-130
(No Situs, Palo Alto), APN No. 063-515-390 (1779 Woodland Avenue, East Palo Alto), APN No.
063-514-060 (Woodland Avenue, East Palo Alto), and APN No. 063-513-440 (15 Newell Road, East
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Palo Alto). NV5 will create Plats and Legal Descriptions for use by ARWS. As requested by
ARWS, NV5 will also provide design information and construction plans for affected parcels and
planned improvements. Title reports will be ordered where applicable and included in the ODC
expenses. The City or NV5 will provide environmental documentation requested by ARWS.
ARWS scope will include:
•Appraisals to be provided to City staff as directed. Assumes appraisals for Parcel
Nos. 1 – 8 previously identified.
•
•
The appraiser shall keep a diary of interactions with each of the property owners.
Appraisals to be prepared in accordance with California Eminent Domain Law;
California Government Code Section 7260 et seq.; Uniform Standards of Professional
Appraisal Practice requirements, except as jurisdictionally exempt; the Caltrans Right
of Way Manual; and 49 CFR, Part 24.
•The owner or a designated representative will be invited by the appraiser to
accompany him/her during the inspection of the property. A copy of the Notice of
Decision to Appraise will be provided.
•
•
•
•
The appraiser will issue the necessary public acquisition informational brochure to
all owners, which includes Title VI information.
Appraisals to be prepared in an Appraisal Report format in accordance with Uniform
Standards of Professional Appraisal Practice, Standard Rule 2-2.
Appraisals are for the “Fair Market Value” of the properties as per California Code of
Civil Procedure, Section 1263.320.
In accordance with the California Code of Civil Procedure Section 1263.330, the
market value of the property acquired will not include consideration of any increase or
decrease in the value of the property that is attributable to any of the following:
The project for which the property is taken;
The eminent domain proceeding in which the property is taken;
Any preliminary actions of the acquiring authority relating to the taking of the
property.
•
•
The appraiser will work directly with the Review Appraiser.
If revisions are made to the property or assignment requirements during the appraisal
process or upon completion of the report, appraisal time to address these revisions will
be billed on an hourly basis in accordance with the ARWS Fee Schedule. (Optional
Service)
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Waiver Valuations
•Prepare a Notice of Decision to Inspect. Upon City approval, the notice will be finalized
by ARWS, signed by the NV5 or City, and sent with all the required maps and
enclosures by ARWS on City letterhead.
•Inspect property and conduct land sales research and analysis.
Estimate the cost for a potential TCE (assumed No. 9 only).
Deliver estimate in Waiver Valuation format.
•
•
Notes
•The estimate (Waiver Valuation) will address the proposed acquisition as if free and
clear of hazardous materials and with marketable title.
•A Waiver Valuation is not an appraisal. It is completed by a right of way acquisition
agent, and utilizes resources and information available in the market, including sales
data, listings, field inspections, Assessor’s information and other public records.
.Task 10.3 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.
2. Design information and construction plans for affected parcels and planned
improvements, as requested by ARWS.
3. Title Reports as applicable.
ARWS will deliver the following work products for this scope item:
1. Draft Notice of Decision to Appraise for approval.
2. Appraisal Report.
3. Notice of Decision to Inspect. (Waiver Valuation)
4. Waiver Valuation.
10.4 Appraisal Review Services
Upon receiving appraisal reports, an office review of the reports using the various•
standards prescribed by the Federal and State Uniform Acts, Federal Highway
Administration, Caltrans appraisal procedures, Uniform Standards of Professional
Appraisal Practice (USPAP) and the California Eminent Domain codes will be
completed.
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•
•
Review appraiser will prepare a summary of the appraisal process and provide
comments to Appraiser regarding any issues with the reports, or any items that require
further clarification.
Upon satisfactory completion of the appraisal reports, an appraisal review report will
be prepared.
.Task 10.4 Deliverables:
ARWS will deliver the following work products for this scope item:
1. Appraisal Review Report.
10.5 Negotiations / Acquisitions
•ARWS to prepare acquisition documents. Said documents include, but are not limited
to: offer letter, appraisal summary statement and summary of the basis for just
compensation, summary statement pertaining to the acquisition of real property or an
interest therein, purchase agreement, deed, and public acquisition brochure. ARWS
will initiate and maintain individual acquisition files, including diaries. All acquisition
documents to receive City’s written approval as to form prior to use in the field. Copies
will be provided to the City.
•ARWS will negotiate to acquire partial acquisitions from 9 properties identified
previously. We are assuming there will be negotiations with up to 4 property owners
and no lessees.
•
•
All discussions for the acquisition of property or an interest therein will be directed to
result in the payment of just compensation.
If settlement with owners is reached pursuant to the City approved appraisal, waiver
valuation or administrative settlement, ARWS will prepare a Memorandum of
Settlement for transmittal to City, reviewing the issues. This memorandum will require
City written approval before implementation of any settlement agreement.
•
•
ARWS will make every reasonable effort to acquire property on behalf of the City
expeditiously through agreement with its owner and to avoid litigation. This may
necessitate greater levels of effort in the negotiations phase and, where appropriate,
should continue after eminent domain has been initiated. City will provide ongoing
feedback to ARWS as to authorization for settlements.
ARWS will establish a process of coordinating escrow closings and reviewing escrow
instructions. Where there are escrow closings, preparation of escrow instructions will
be completed by title company. Approval of conditions of title and escrow instructions,
including but not limited to, “subject to” title exceptions, will be done by City.
Vers.: Aug. 5, 2019
Page 12 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
•
•
If agreement with all owners cannot be reached, ARWS will advise City that
negotiations have reached an impasse. The City will consider scheduling of an action
in eminent domain including the required public necessity hearing. ARWS will provide
condemnation support as needed and requested, budget allowing. For parcels using
the Waiver Valuation process, eminent domain proceedings will require an appraisal be
completed first. The City will consider revising the scope of work to include an appraisal
if negotiations have reached an impasse utilizing a Waiver Valuation.
City obligations for scope of work:
Written approval of all acquisition documents in a timely manner.
Direction as to administrative settlements, negotiating authority and
condition of title acceptance.
Providing any formats to be used by ARWS on City’s behalf.
Selection of title company.
Review and approval of title company prepared escrow instructions.
.Task 10.5 Deliverables:
ARWS will deliver the following work products for this scope item:
1. Draft Acquisition Documents for approval.
2. Memorandum of Settlement and Signed Agreement (upon settlement).
3. Notice that negotiations have reached an impasse (if needed).
10.6 Utility Relocation & Certification Services
Utility Certification was not part of NV5’s original contract or approved budget. NV5 will provide all
utility coordination services, including serving as the main point of contact with the utility owners,
coordinating to receive utility conflict mapping and preparing Utility Conflict Letters, requesting utility
relocation plans and claim of cost liability, arranging meetings with the utility owners, preparing
Utility Owner Notices, and coordinating with the utility owners on relocation schedule. Utilities
include PG&E Gas, PG&E Overhead Electric, Sanitary Sewer (Palo Alto and East Palo Alto), Water
Line (Palo Alto and Eat Palo Alto), PG&E and Palo Alto Underground Electric, Fiber Optic (Palo Alto
and East Palo Alto).
Once the utility owners have responded to the Conflict Letter (sent by the City or NV5) and provided
the necessary information, ARWS will analyze the requested information to determine utility
relocation cost between the utility owners and City, and complete a Report of Investigation. ARWS
will prepare Utility Agreement and provide to City and NV5 for review and approval. After signature
by City, the documents will be sent to the utility owners for execution. Assumes one Utility
Agreement.
Vers.: Aug. 5, 2019
Page 13 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
.Task 10.6 Deliverables:
NV5 will deliver the following work products for this scope item:
1. Utility Owner Notices.
2. Documentation for Right of Way Certification as required by ARWS.
ARWS will deliver the following work products for this scope item:
1. Report of Investigation.
2. Utility Agreement.
10.7 Right of Way Certification
•
•
•
Coordinate with Project team members for preparation of the Right of Way
Certification.
Provide Draft Right of Way Certification for approval by City, in accordance with the
Caltrans Right of Way Manual.
Submit supporting documentation along with the Right of Way Certification. Supporting
documentation may include right of way contracts, Orders for Prejudgment Possession,
diary notes, right of way sufficiency forms, Agreements for Possession and Use, and
deeds.
•Coordinate processing of the Right of Way Certification with Caltrans.
.Task 10.7 Deliverables:
ARWS will deliver the following work products for this scope item:
1. Draft Right of Way Certification.
Right of Way Certification supporting documentation.
Phase 3 - Bidding & Construction Support (See Exhibit A-3 Amendment 4 for detailed
description of tasks and scope)
Vers.: Aug. 5, 2019
Page 14 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 5
(AMENDED, REPLACES PREVIOUS)
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
1. Project Management
Completion Date for Tasks
December 31, 2024
2. Existing Document Review
3. Utility Coordination
4. Environmental Studies
5. Survey
6. Bridge Hydraulic Report
7. Geotechnical Investigation
8. Preliminary Engineering and Type Selection
9. Final Design & PS&E Development
9.9 100% PS&E Submittal (revisions)
10.1 Regulatory Agency Permitting
10.2 Right of Way (A&A) Project Management
10.3 Appraisal Services
May 9, 2012 (completed)
February 27, 2013 (completed)
June 30, 2020 (completed)
July 20, 2015 (completed)
September 14, 2015 (completed)
September 20, 2012 (completed)
November 10, 2021 (completed)
September 9, 2022 (on-going)
October 2, 2023
(work by others)
January 1, 2024
August 11, 2023
10.4 Appraisal Review Services
10.5 Negotiations / Acquisition
10.6 Utility Relocation / Certification Services
10.7 Right-of-Way Certification
11. Bidding and Construction Support
August 18, 2023
December 27, 2023
December 29, 2023
January 11, 2024
December 31, 2024
The Schedule of Performance applicable to the Services detailed in Exhibit A-3 (Scope of Services,
Amendment No. 5) 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).
Vers.: Aug. 5, 2019
Page 15 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
ATTACHMENT 1 TO EXHIBIT “B” AMENDMENT NO. 5 SCHEDULE OF PERFORMANCE
Vers.: Aug. 5, 2019
Page 16 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570 ATTACHMENT 1 TO EXHIBIT "B" AMENDMENT NO. 5 SCHEDULE OF PERFORMANCE
Preliminary Project Schedule
ID Task Name Duration
0 wks
Start Finish
Thu 7/1/21
April
B
May
B
June
B
July
B
7/1
August September October November December January February March
B
April
B
May
B
June
B
July
B
August September October November December January February March
B
April
B
May
B
June
B
July
B
August September October November December January
M E M E M E M E B M E B M E B M E B M E B M E B M E B M E M E M E M E M E M E B M E B M E B M E B M E B M E B M E B M E M E M E M E M E M E B M E B M E B M E B M E B M E B M
1 NOTICE TO PROCEED Thu 7/1/21
2
3 Phase 1 - Preliminary Engineering
Task 1 - Project Management
Task 1.1 - Project Management
Task 1.2 - Meetings
139 wks
139 wks
139 wks
62 wks
62 wks
62 wks
Mon 7/5/21
Mon 7/5/21
Mon 7/5/21
Mon 7/5/21
Mon 7/5/21
Mon 7/5/21
Fri 3/1/24
Fri 3/1/24
Fri 3/1/24
Fri 9/9/22
Fri 9/9/22
Fri 9/9/22
4
5
7
9 Task 1.3 - Quality Assurance / Quality Control
Task 1.4 - Project Schedule11
13
14
16
17
19
20
22
23
24
26
28
30
31
32
Task 3 - Utility Coordination (Caltrans Utility Process)
Task 5 - Survey and Base Mapping
70 wks Mon 7/5/21 Fri 11/4/22
Fri 11/4/22
Fri 8/6/21
20 wks Mon 6/20/22
Task 6 - Bridge Hydraulic Report 5 wks Mon 7/5/21
Task 7 - Geotechnical Investigations
Task 7.4 - Soils Analysis/Evaluation
8 wks
2 wks
4 wks
4 wks
Mon 7/5/21
Mon 7/5/21
Mon 7/5/21
Mon 8/2/21
Fri 8/27/21
Fri 7/16/21
Fri 7/30/21
Fri 8/27/21
Task 7.5 - Preparare Draft Foundation Report
Task 7.6 - Prepare Final Foundation Report
Task 8 - Preliminary Engineering & Type Selection Report 20 wks
10 wks
Mon 7/5/21
Mon 7/5/21
Fri 11/19/21
Fri 9/10/21Task 8.1 Preliminary Engineering & Bridge Type Selection Report
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
54
58
60
64
65
66
67
68
69
70
71
72
73
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
Type Selection Report & Preliminary Engineering Submittal 0 wks Fri 9/10/21 Fri 9/10/21 9/10
Agency Review of Preliminary Engineering
City of Palo Alto
4 wks Mon 9/13/21
4 wks Mon 9/13/21
4 wks Mon 9/13/21
4 wks Mon 9/13/21
Fri 10/8/21
Fri 10/8/21
Fri 10/8/21
Fri 10/8/21
City of East Palo Alto
Valley Water
Caltrans Type Selection Review Process
First Caltrans Review
10 wks Mon 9/13/21
6 wks Mon 9/13/21
1 wk Mon 10/25/21
2 wks Mon 10/25/21
Fri 11/19/21
Fri 10/22/21
Fri 10/29/21
Fri 11/5/21
Fri 11/5/21
Fri 11/19/21
Type Selection Meeting
NV5 Responses to Caltrans Comments
Type Selection Report Re-Submittal
Second Caltrans Review
0 wks Fri 11/5/21 11/5
2 wks Mon 11/8/21
Phase 2 - Final Design & Permitting 44 wks? Mon 11/22/21
44 wks? Mon 11/22/21
12 wks Mon 11/22/21
12 wks Mon 11/22/21
12 wks Mon 11/22/21
2 wks Mon 2/14/22
Fri 9/23/22
Fri 9/23/22
Fri 2/11/22
Fri 2/11/22
Fri 2/11/22
Fri 2/25/22
Task 9 - Final Design & PS&E Development
Task 9.1 - Bridge Structural Design
Task 9.2 - Roadway Design
Task 9.3 - Traffic Control / Construction Staging Plans
Task 9.4 - 65% Plans, Special Provisions & Estimate
Task 9.5 - First (65%) PS&E Submittal 0 wks Fri 2/25/22 Fri 2/25/22 2/25
Agency Review of 65% PS&E
City of Palo Alto
6 wks Mon 2/28/22
4 wks Mon 2/28/22
4 wks Mon 2/28/22
4 wks Mon 2/28/22
6 wks Mon 2/28/22
Fri 4/8/22
Fri 3/25/22
Fri 3/25/22
Fri 3/25/22
Fri 4/8/22
City of East Palo Alto
Valley Water
Caltrans
Task 9.6 - Independent Design Check 15 wks Mon 2/28/22 Fri 6/10/22
Task 9.7 - Response to 65% / 90% PS&E Development
NV5 Responses to 65% Comments
10 wks Mon 4/11/22
2 wks Mon 4/11/22
8 wks Mon 4/25/22
Fri 6/17/22
Fri 4/22/22
Fri 6/17/22Prepare 90% PS&E (Bridge and Roadway)
Task 9.8 - Second (90%) PS&E Submittal 0 wks Fri 6/17/22 Fri 6/17/22 6/17
Agency Review of 90% PS&E
City of Palo Alto
6 wks Mon 6/20/22
4 wks Mon 6/20/22
4 wks Mon 6/20/22
4 wks Mon 6/20/22
6 wks Mon 6/20/22
Fri 7/29/22
Fri 7/15/22
Fri 7/15/22
Fri 7/15/22
Fri 7/29/22
City of East Palo Alto
Valley Water
Caltrans
Task 9.9 - Third (100%) PS&E Submittal
Response to 90% Comments
8 wks Mon 8/1/22 Fri 9/23/22
Fri 8/12/22
Fri 9/23/22
Fri 9/30/22
Thu 10/27/22
Thu 12/1/22
2 wks Mon 8/1/22
Prepare 100% PS&E 6 wks Mon 8/15/22
0 wks Fri 9/30/22Actually submitted on 9/30/22 (new)
City of Palo Alto Provided a Response (new)
Comment Resolution Meeting (new)
9/30
0 wks Thu 10/27/22
0 wks Thu 12/1/22
10/27
12/1
Final PS&E Submittal 0 wks Fri 9/23/22 Fri 9/23/22
Fri 3/17/23
9/23
Actually submitted on 3/17/23 (new)
City of Palo Alto provided a Response (new)
Comment Resolution Meeting (new)
NV5 to address comments (new)
0 wks Fri 3/17/23 3/17
0 wks Mon 8/14/23
0 wks Fri 9/22/23
Mon 8/14/23
Fri 9/22/23
8/14
9/22
6 wks Tue 10/10/23 Mon 11/20/23
City Building Permit Application Submittal
Response to 90% Comments
4 wks Mon 6/20/22 Fri 7/15/22
Fri 7/1/222 wks Mon 6/20/22
City Building Permit Resubmittal 2 wks
0 wks
Mon 7/4/22
Fri 3/17/23
Fri 7/15/22
Fri 3/17/23City used 3/17/23 Submittal (the 90% submittal from July 11, 22
was incomplete) (new)
3/17
105
106
107
108
109
Task 10 - Regulatory Agency Permitting
Prepare Permit Application
42 wks Mon 11/22/21
12 wks Mon 11/22/21
28 wks Mon 2/28/22
Fri 9/9/22
Fri 2/11/22
Fri 9/9/22Regulatory Agency Permitting
Task 10.2 ROW Appraisal and Acquisition & ROW Certification (new)15 wks Mon 4/3/23 Fri 7/14/23
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
Plat and Legal & Other Documents
10.3 Appraisal Services
12.7 wks
10 wks
Mon 4/3/23
Mon 5/8/23
Thu 6/29/23
Fri 7/14/23
Fri 7/14/23
Fri 12/8/23
Fri 7/21/23
Fri 7/28/23
Fri 12/8/23
Fri 12/29/23
Fri 7/14/23
Fri 12/29/23
Fri 1/5/24
10.4 Appraisal Review Services
10.5 Negotiations/Acquisition
A. Preparation of Offer Documents
B. City Approval of Offer Documents
C. Negotiations/ Acquisition
4 wks Mon 6/19/23
23 wks
3 wks
Mon 7/3/23
Mon 7/3/23
Fri 7/7/233.2 wks
21.8 wks Tue 7/11/23
10.6 Utility Relocation and Certification Services
A. Report of Investigation
30.4 wks
6.4 wks
Thu 6/1/23
Thu 6/1/23
Tue 8/1/23B. Utility Relocation Agreement (Executed)
10.7 Right of Way Certification
21.8 wks
6 wks Mon 11/27/23
Phase 3 - Bidding & Construction Support
Task 11 - Bid Assistance & Construction Support
Task 11.1 - Construction Bid Assistance
Task 11.2 - Construction Support
112 wks Mon 11/7/22
112 wks Mon 11/7/22
Fri 12/27/24
Fri 12/27/24
Thu 2/29/24
Tue 12/31/24
5 wks Fri 1/26/24
94.4 wks Mon 3/13/23
Project: 20231010_NRB Amendment 5
Date: Thu 10/19/23
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 Progress
SplitFinish-only
Page 1
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
EXHIBIT “C-5”
COMPENSATION, AMENDMENT NO. 5
(ADDED)
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-4, and reimbursable expenses (here, $6,400 for Direct Costs
per the budget schedule below), shall not exceed $236,083.20. 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
$295,083.20. 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 $236,083.20 and the total
compensation for Additional Services does not exceed $59,000.
(Exhibit C-5 is continued on the next page)
Vers.: Aug. 5, 2019
Page 17 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
BUDGET SCHEDULE NOT TO EXCEED AMOUNTS
TASK TASK DESCRIPTION 6D Amount Requested Total
Phase II - Final Design and Permitting
9.9 Third (100% PS&E)
2022 Caltrans Construction Contract
Standards Update $16,871.82 $16,871.82
Regulatory Agency Permitting and Right-
of-Way Phase
10.1 Regulatory Agency Permitting
10.2 Right-of-Way A&A Project Mgmt.
10.3 Appraisal Services
10.4 Appraisal Review Services
10.5 Negotiations / Acquisition
10.6 Utility Relocation and Certification
Services
10 NV5
-
$28,041.64
$21,600.73
$0.00
ARWS
$20,000.00
$48,400.00
$14,520.00
$50,000.00
$48,041.64
$70,000.73
$14,520.00
$50,000.00$0.00
$9,249.01
$0.00
$15,000.00
$6,000.00
$24,249.01
$6,000.0010.7 Right of Way Certification
Subtotal Tasks 10.2 - 10.7 (Amendment 5)$212,811.38
Phase II - Final Design & Permitting
Subtotals $229,683.20
$6,400.00
Direct Costs (treated as Reimbursables -
Amendment No. 5)
Phase II - Final Design & Permitting +
Direct Cost Subtotals $236,083.20
Additional Services $59,000.00
Phase II - Final Design and Permitting Totals $295,083.20
(Continued on the next page.)
Vers.: Aug. 5, 2019
Page 18 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse
CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT
shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of
travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $500 shall be approved in advance by the CITY’s
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from
the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written
proposal including a description of the scope of services, schedule, level of effort, and
CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such
services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and
maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager
and CONSULTANT prior to commencement of the services. Payment for additional services is
subject to all requirements and restrictions in this Agreement.
Vers.: Aug. 5, 2019
Page 19 of 20
DocuSign Envelope ID: 442DE418-41C0-4D4B-95D1-72440B69C570
COMPENSATION, NOT-TO-EXCEED AMOUNTS AND TOTALS: ORIGINAL
CONTRACT AND AMENDMENTS 1 THROUGH 5
Services
(aka Basic Additional
Services
Maximum
Not-to-exceed AmountServices) and
Reimbursable
Expenses*
Original
Contract $471,977
$151,929
$607,730
--
$47,200
$15,071
$60,270
--
$519,177
$167,000
$668,000
--
Amendment
No.1
Amendment
No.2
Amendment
No.3
Amendment
No.4 $504,661*
$236,083.20
$22,485
$59,000.
$527,146
$295,083.20Amendment
No. 5
Original
Contract and
Amendments
1-5
$1,972,380.20 $204,026 $2,176,406.20
*Direct Costs ($6,400) in Amendment No. 5,Exhibit “C-4” are treated as Reimbursable
Expenses.
Vers.: Aug. 5, 2019
Page 20 of 20