Vers.: Aug. 5, 2019
AMENDMENT NO. 7 TO CONTRACT NO. C12142825A
BETWEEN THE CITY OF PALO ALTO AND
NV5, INC.
T
his Amendment No. 7 (this “Amendment”) to Contract No. C12142825 (the “Contract” as defined below) is entered into as of June 16, 2025, 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. Th
e Contract (as defined below) 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. Th
e 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. Th
e Parties entered into Amendment No. 5 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 therein.
E. T
he Parties entered into Amendment No. 6 to extend the contract term six months through June 30, 2025, with no additional compensation payable by the City, as detailed therein.
F
. In accordance with Palo Alto Municipal Code 2.30.90, the Parties now wish to amend the Contract in order to extend the contract term eighteen months through December 31, 2026, with no additional compensation payable by the City, as detailed herein.
N
OW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
Docusign Envelope ID: 70D6D659-91CE-4A09-850D-16B0E04EC4AB Vers.: Aug. 5, 2019
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean C ontract 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
Amendment No.3, dated June 1, 2020
Amendment No.4, dated June 21, 2021
Amendment No.5, dated November 13, 2023
Amendment No.6, dated December 18, 2024
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 2 entitled “TERM”, of the Contract is hereb y amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through December 31, 2026, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3 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. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 7”, AMENDED, REPLACES PREVIOUS.
SECTION 4. 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 5. 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.)
Docusign Envelope ID: 70D6D659-91CE-4A09-850D-16B0E04EC4AB Vers.: Aug. 5, 2019
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:
____________________________
City Attorney or Designee
NV5, INC.
Officer 1
By:______________________________
Name:___________________________
Title:____________________________
Officer 2
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
Exhibit “B”: “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 7” (AMENDED, REPLACES
PREVIOUS)
Docusign Envelope ID: 70D6D659-91CE-4A09-850D-16B0E04EC4AB Lori Goodwin
Vice President
CAO
MARYJO E O'BRIEN
Vers.: Aug. 5, 2019
EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 7
(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 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 (completed)
9. Final Design & PS&E Development September 9, 2022 (on-going)
9.9 100% PS&E Submittal (revisions) October 2, 2023 (completed)
10.1 Regulatory Agency Permitting (work by others) (completed)
10.2 Right of Way (A&A) Project Management January 1, 2024 (completed)
10.3 Appraisal Services August 11, 2023 (completed)
10.4 Appraisal Review Services August 18, 2023 (completed)
10.5 Negotiations / Acquisition December 27, 2023 (completed)
10.6 Utility Relocation / Certification Services December 29, 2023 (completed)
10.7 Right-of-Way Certification January 11, 2024 (completed)
11. Bidding and Construction Support December 31, 2026
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).
Docusign Envelope ID: 70D6D659-91CE-4A09-850D-16B0E04EC4AB Vers.: Aug. 5, 2019
ATTACHMENT 1 TO EXHIBIT “B” AMENDMENT NO. 7 SCHEDULE OF PERFORMANCE
Docusign Envelope ID: 70D6D659-91CE-4A09-850D-16B0E04EC4AB ID Task Name Duration Start Finish Predeces s
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 1 4 Task 1 - Project Management 139 wks Mon 7/5/21 Fri 3/1/24 1 5 Task 1.1 - Project Management 139 wks Mon 7/5/21 Fri 3/1/24 1 7 Task 1.2 - Meetings 62 wks Mon 7/5/21 Fri 9/9/22 1
9 Task 1.3 - Quality Assurance / Quality Control 62 wks Mon 7/5/21 Fri 9/9/22 1 11 Task 1.4 - Project Schedule 62 wks Mon 7/5/21 Fri 9/9/22 1 13 14 Task 3 - Utility Coordination (Caltrans Utility Process) 72 wks Mon 7/5/21 Fri 11/18/22 1 16 17 Task 5 - Survey and Base Mapping 20 wks Mon 6/20/22 Fri 11/4/22 82 19 20 Task 6 - Bridge Hydraulic Report 5 wks Mon 7/5/21 Fri 8/6/21 1 22 23 Task 7 - Geotechnical Investigations 8 wks Mon 7/5/21 Fri 8/27/21 1 24 Task 7.4 - Soils Analysis/Evaluation 2 wks Mon 7/5/21 Fri 7/16/21 1 26 Task 7.5 - Prepare Draft Foundation Report 4 wks Mon 7/5/21 Fri 7/30/21 1 28 Task 7.6 - Prepare Final Foundation Report 4 wks Mon 8/2/21 Fri 8/27/21 26 30 31 Task 8 - Preliminary Engineering & Type Selection Report 20 wks Mon 7/5/21 Fri 11/19/21 1 32 Task 8.1 Preliminary Engineering & Bridge Type Selection Report 10 wks Mon 7/5/21 Fri 9/10/21 1 34 35 Type Selection Report & Preliminary Engineering Submittal 0 wks Fri 9/10/21 Fri 9/10/21 32 36 37 Agency Review of Preliminary Engineering 4 wks Mon 9/13/21 Fri 10/8/21 35 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 35 43 First Caltrans Review 6 wks Mon 9/13/21 Fri 10/22/21 32 44 Type Selection Meeting 1 wk Mon 10/25/21 Fri 10/29/21 43 45 NV5 Responses to Caltrans Comments 2 wks Mon 10/25/21 Fri 11/5/21 43 46 Type Selection Report Re-Submittal 0 wks Fri 11/5/21 Fri 11/5/21 45 47 Second Caltrans Review 2 wks Mon 11/8/21 Fri 11/19/21 46 48 49 Phase 2 - Final Design & Permitting 44 wks? Mon 11/22/21 Fri 9/23/22 47 50 Task 9 - Final Design & PS&E Development 44 wks? Mon 11/22/21 Fri 9/23/22 47 51 Task 9.1 - Bridge Structural Design 12 wks Mon 11/22/21 Fri 2/11/22 47 54 Task 9.2 - Roadway Design 12 wks Mon 11/22/21 Fri 2/11/22 47 58 Task 9.3 - Traffic Control / Construction Staging Plans 12 wks Mon 11/22/21 Fri 2/11/22 47 60 Task 9.4 - 65% Plans, Special Provisions & Estimate 2 wks Mon 2/14/22 Fri 2/25/22 51,54,58 64 65 Task 9.5 - First (65%) PS&E Submittal (65% Submittal) 0 wks Fri 2/25/22 Fri 2/25/22 60 66 67 Agency Review of 65% PS&E 6 wks Mon 2/28/22 Fri 4/8/22 65 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 65 75 76 Task 9.7 - Response to 65% / 90% PS&E Development 10 wks? Mon 4/11/22 Fri 6/17/22 67 77 NV5 Responses to 65% Comments 2 wks Mon 4/11/22 Fri 4/22/22 65 78 Prepare 90% PS&E (Bridge and Roadway) 8 wks Mon 4/25/22 Fri 6/17/22 77 79 Prepare 90% PS&E (Bridge and Roadway) 15 wks Mon 6/20/22 Fri 9/30/22 78 80 81 Task 9.8a - Intermediate Submittal (80% Submittal) 0 wks Fri 6/17/22 Fri 6/17/22 78 82 Task 9.8 - Second (90%) PS&E Submittal (90% Submittal) 0 wks Fri 9/30/22 Fri 9/30/22 79 83 84 Agency Review of 90% PS&E 8.8 wks? Mon 10/3/22 Thu 12/1/22 82 85 City of Palo Alto 8 wks Mon 10/3/22 Fri 11/25/22
86 NV5 Comment Review Period 0.6 wks Mon 11/28/22 Wed 11/30/22 85 87 Comment Resolution Meeting - Roadway / Civil 0.2 wks Thu 12/1/22 Thu 12/1/22 86 88 City of East Palo Alto 4 wks Mon 10/31/22 Fri 11/25/22 89 NV5 Comment Review Period 0.6 wks Mon 11/28/22 Wed 11/30/22 88 90 Comment Resolution Meeting - Drainage / BioRetention 0.2 wks Thu 12/1/22 Thu 12/1/22 89 91 Valley Water 4 wks Mon 10/31/22 Fri 11/25/22
92 NV5 Comment Review Period 0.6 wks Mon 11/28/22 Wed 11/30/22 91 93 Comment Resolution Meeting - Bridge / Structures 0.2 wks Thu 12/1/22 Thu 12/1/22 92 94 Caltrans (Courtesy Submittal) 6 wks Mon 10/17/22 Fri 11/25/22 95 96 Task 9.9 - Third (100%) PS&E Submittal (100% Submittal) 8 wks Fri 12/2/22 Thu 1/26/23 97 Address 90% Comments 2 wks Fri 12/2/22 Thu 12/15/22 86,89,92 98 Prepare 100% PS&E 6 wks Fri 12/16/22 Thu 1/26/23 97
99 Final PS&E Submittal 0 wks Thu 1/26/23 Thu 1/26/23 98 100
101 City Building Permit Application Submittal 1 wk Mon 11/14/22 Fri 11/18/22 84 102 City Building Permit Resubmittal 1 wk Mon 11/14/22 Fri 11/18/22 103
104 Task 10 - Regulatory Agency Permitting 92.6 wks Fri 12/2/22 Tue 9/10/24 105 JPA Prepare Permit Application & Obtain Permits (Approx 1 year) 92.6 wks Fri 12/2/22 Tue 9/10/24 106
107 Task 10.2 ROW Appraisals and Acquisitions & ROW Certification 21.6 wks Mon 4/3/23 Wed 8/30/23 99 108 Plat and Legal & other Documents 12.7 wks Mon 4/3/23 Thu 6/29/23 109 10.3 Appraisal Services 10 wks Mon 5/8/23 Fri 7/14/23 110 10.4 Appraisal Review Services 10.6 wks Mon 6/19/23 Wed 8/30/23 111 10.5 Negotiations / Acquisitions 50.4 wks? Mon 7/3/23 Tue 6/18/24 112 A. Preparation of Offer Document 3 wks Mon 7/3/23 Fri 7/21/23 113 B. City Approval of Offer Document 3.2 wks Fri 7/7/23 Fri 7/28/23 114 C. Negotiation / Aquisition 49.2 wks? Tue 7/11/23 Tue 6/18/24 115 10.6 Utility Relocation and Certification Services 71.2 wks? Thu 6/1/23 Thu 10/10/24 116 A. Report of Investigation 6.4 wks? Thu 6/1/23 Fri 7/14/23 117 B. Utility Relocation Aggreement (Executed) 62.6 wks? Tue 8/1/23 Thu 10/10/24 118 10.7 Right of Way Certification 6 wks Fri 8/30/24 Thu 10/10/24 119
120 Phase 3 - Bidding & Construction Support 130.2 wks Tue 1/2/24 Tue 6/30/26 118 121 Task 11 - Bid Assistance & Construction Support 78 wks Tue 1/2/24 Mon 6/30/25 122 Task 11.1 - Construction Bid Assistance 8 wks Tue 5/6/25 Mon 6/30/25 123 Task 11.2 - Construction Support 52 wks Tue 7/1/25 Mon 6/29/26 122 Notice To Proceed 7/1/21
9/10
11/5
2/25
6/17
90% Submittal 9/30
Agency 90% PS&E ReviewAgency 90% PS&E Review
City of Palo Alto Review
12/1
City of East Palo Alto Review
12/1
Valley Water Review
12/1
Caltrans (Courtesy Submittal)
Final PS&E SubmittalFinal PS&E Submittal
Address 90% Comments
Prepare 100% PS&E
Final PS&E Submittal 1/26
City Building Permit Resubmittal
Regulatory Agency PermittingRegulatory Agency Permitting JPA Prepare Permit Application & Obtain Permits (Approx 1 year) Task 10.2 ROW Appraisals and Acquisitions & ROW Certification Plat and Legal
10.3 Appraisal Services
10.4 Appraisal Review Services
10.5 Negotiations / Acquisitions10.5 Negotiations / Acquisitions A. Preparation of Offer Document
B. City Approval of Offer Document
C. Negotiation / Aquisition
10.6 Utility Relocation and Certification Services
A. Report of Investigation
B. Utility Relocation Aggreement (Executed)
10.7 Right of Way Certification
Bidding & Construction SupportBidding & Construction Support Bid Assistance & Construction SupportBid Assistance & Construction Support Construction Bid Assistance
Construction Support
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Qtr 3, 2021 Qtr 4, 2021 Qtr 1, 2022 Qtr 2, 2022 Qtr 3, 2022 Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr Newell Road Bridge Replacement at San Francisquito Creek Project Project Schedule
11/27/2024
Docusign Envelope ID: 70D6D659-91CE-4A09-850D-16B0E04EC4AB