LSCE - McCarthy Well and Pump Station Design and Build (2019)AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this September day of 16, 2019, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Luhdorff & Scalmanini Consulting Engineers, having a principal place of
business at 500 First Street, Woodland, CA 95695.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 9/20/2019 and will continue in effect through
12/31/2022 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. 5 . L .
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY' S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific
Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in
Exhibit "C" ("Milestone Schedule").
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to CONSULTANT exceed $562,145. ,
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
"extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT'S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY' S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT'S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been frilly, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT'S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE S. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing parry will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT:
Luhdorff & Scalmanini Consulting
Enaineers
By:.a--..�
Name: Scott Lewis
Title: Principal Geologist
Social Security or Taxpayer
Identification Number 201984423
Approved as to Form
Citv Attornev I
i -
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CITY:
CITY OF GILROY
By: .........................
Name: Gabriel A. Gonzalez
Title: Citv Administrator
MA
EXHIBIT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B", Scope of
Services ("Services"). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Jason Coleman, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
"Notice to Proceed", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Faranak
Mandavi shall be the designated City contact person(s). Notice to Proceed shall be deemed to
have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided
in the Section V.H. ("Notices") of this Exhibit "A".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well -organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY' S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Faranak Mandavi
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Jason =tln
500 First Street
Woodland, CA
95695
I. FEDERAL FUNDING REQUIREMENTS.
❑ If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
® If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City -adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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J. PREVAILING WAGE.
CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to
what extent, any work performed is or any workers employed relative to any construction to be
performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and
other Regulations and established policies of CITY and the laws of the State of California and the
United States, including, without limitation, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage requirements ("Prevailing Wage Laws"). To
the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose
of performing work under this Agreement, CONTRACTOR shall fully comply with and ensure that
all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws
and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and
1770 et seq. and the regulations thereunder, which require the payment of prevailing wage
rates based on labor classification, as determined by the State of California, and the
performance of other requirements on certain "public works" or "maintenance" projects. It is
the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing
wage information may be obtained at www.dir.ca.Rov.
-5-
EXHIBIT "B"
SCOPE OF SERVICES
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CITY OF GILROY
SCOPE OF WORK
July 18, 2019
LSCE has reviewed and understands the project as outlined in the City's RFP. The Scope of Work identified
in the tasks below addresses all the core objectives described in RFP. Claricationsand additions to the Scope of
Work have been made below per the Citls request after City review of LSCE's original proposal All revisions are show in
italicized textfor reference.
Task 1 - Project Coordination, Meetings, and Administration
Task 1.1- Kickoff and Information Request
LSCE's work on the project will begin with a kickoff meeting with City staff and key LSCE team members
to discuss the various aspects of the project. Items such as contact information, chain of command, the
City's project expectations, respective roles and responsibilities, schedule, design preferences and
parameters, and site constraints shall be discussed at the kick-off meeting. Following the meeting, LSCE
will provide the City with a list of requested information.
Task 1.2 - Project Coordination, Meetings, and Administration
Key LSCE team members will attend regular design meetings with the City to discuss various aspects of
the project. For each meeting, LSCE will prepare and distribute meeting agendas, minutes, and action
item summaries. LSCE will also provide frequent updates via email or telephone throughout the project
as needed. This task also provides for project management and administrative activities such as: (a)
Contractual Arrangements, (b) Ongoing Examination Regarding Adherence to The Scope, Budget, and
Schedule, (c) Coordination of Staff Resources (d) Internal Review of Work Products, (e) Management of
Subcontractors, (f) Billing Review, and (g) Scoping and Budgeting.
Task 2 - Property Acquisition and Permitting Assistance
Task 2.1- Property Acquisition
LSCE will communicate and work with the property owner to acquire the property with the assistance of
a licensed commercial land appraiser. This task includes the effort required to negotiate with the property
owner regarding the value and dimensions of the new property site for the new proposed pump station,
conducting of an independent appraisal of valuation of the approximately 14,450 sq. foot split lot area
(boundary line locations provided by City) within the existing 53,925 sq. foot lot, provide right of way
acquisition for the new proposed site, and prepare a legal plat and description of the new parcel. LSCE
assumes the services of an attorney for litigation or legal support is not required for the transfer of
ownership of the property.
Task 2.2 — Permitting Assistance
Through our work on numerous projects in the past, LSCE has developed a good working relationship
with the State Water Resources Control Board — Division of Drinking Water (SWRCB-DDW) and other
regional permitting and regulatory entities in the area and can assist in expediting all necessary
applications and supporting permit documents in a cost-efficient manner. LSCE envisions the following
permitting activities will need to be undertaken to complete the project.
SWRCB-SWRCB-DDW Siting Concurrence: LSCE believes that early communications with SWRCB-
SWRCB-DDW is essential to address any concerns that the agency may have regarding well siting and
design before preparation of project plans and specifications. After approval of the well design by the
City, LSCE will prepare an initial SWRCB-DDW submittal document requesting siting and design
concurrence for the new well based on compliance with SWRCB-DDW and Department of Water
Resources (DWR) regulations. The initial submittal will include a monitoring well profile, monitoring well
water quality summary, preliminary well design, site layout, location may, map indicating location and
distances of sanitary features from the proposed well location, delineation of wellhead control zone,
and the preliminary Drinking Water Source Assessment Protection (DWSAP) Report.
SWRCB-DDW Water Supply Amendment: LSCE will interact with the SWRCB-DDW and the City for
completion of a draft and final water supply permit. LSCE has completed numerous water supply permits
and fully understands the SWRCB-DDW process and required submittals. A draft water supply
amendment will be submitted to the SWRCB-DDW following construction of the production well. The draft
water supply amendment package typically includes submittal of the well datasheet, well driller's logs, well completion
report, well test data, DWSAP report, and Title 22 water quality results. Following final completion and acceptance
of the project, LSCE will assist the City with preparation of the final SWRCB-DDW amended water supply
permit which includes all documents from the draft watersupply amendment submittal and preparation of the permit
application, As -Built drawings, well pump specifications, bacteriological test results and a facility operations plan. The SWRCB-
DDW no longer charges a fee for filing of the watersupply amendment package.
CEQA: LSCE envisions the project may meet the requirements for a California Environmental Quality Act
(CEQA) categorical exemption, however, LSCE is prepared to develop an Initial Study/Mitigated Negative
Declaration (IS/MND) with a "Notice of Completion". Mitigation measures will be incorporated into the
project to reduce potential environmental impacts. A draft Mitigation, Monitoring, and Reporting Plan
(MMRP) will be prepared to ensure that each mitigation measure adopted as a condition of project
approval, will be implemented. LSCE anticipates significant archeological or biological impediments are
not present on or near the project site and therefore the Initial Study will only include a cursory review
of the site biological resources and cultural resources and not require a full reporting and assessment
effort.
Other Permitting Activities: LSCE will contact applicable agencies as needed to establish permitting
requirements and prepare all permit documentation required by the Santa Clara Valley Habitat Agency
(SCVHA), Santa Clara Valley Water District (SCVWD), South County Regional Wastewater Authority (SCRWA), Bay
Area Quality Management District (BAQMD), and Regional Water Quality Control Board (RWQCB). LSCE assumes the
general contractors assigned to construct the well and well pump station will pay all specific permitting fees required
City of Gilroy, County of Santa Clara, SCVWD, SCR WA, and R WQCB. LSCE assumes the City will pay the permit fees for
the BAQMD (estimated to be no more than $1,000).
Task 3 — Site Specific Investigation
Task 3.11nitial Site Assessment
Well Siting Review: LSCE will complete a thorough onsite inspection/assessment of the site. Specifically,
LSCE will evaluate the well site related to siting and constructability of the new well and with regards to
SWRCB-DDW setback distances from sanitary features and control zone requirements. Specificitems to be
assessed will include:
• Site Size
• Site Access
• Minimum setback distances from sanitaryfeatures per DDW regulations
• Land Use —Site and Vicinity
• Seasonal Ground Conditions
• Location Relative to Distribution System
• Location Relative to Utilities
• Equipment Layout
• Water Supplyfor Drilling
• Fluids Disposal
• Cuttings Storage and Disposal
Neighbors
Need forSound Attenuation
Safety/Security
Hydrogeologic Review: The goal of the hydrogeologic review is to determine probable yield, water
quality, the anticipated well depth, screen intervals, static and pumping water levels, specific capacity,
and water level impacts to nearby wells due to pumping of the new well. LSCE will collect, review, and utilize
available data and information to refine our conceptual hydrogeologic model of the Gilroy area to preliminarily
characterize site specific conditions (well depth, water quality, yield) at the well site. LSCE will utilize the following
sources of data and information to refine our understanding of the project area:
• Well Construction Details, Water Quality, Water Levels, and Well Performance of City Wells and other wells
in the Vicinity of the Project Area
• State of California Water Well Drillers Completion Reports
• Santa Clara Valley Water District (SCVWD)
• Reports Prepared for the City by Others
• Hydrogeologic Reports Prepared by California Department of Water Resources (DWR), United States
Geological Survey (USGS), California Department of Oil and Gas, and Others
• California State Water Resources Control Board, Division of Drinking Water (DDW)
• Previous Work Completed by LSCE
• Local Drilling and Pump Contractors
Evaluation of Potential Impacts to Groundwater Quality: LSCE will investigate possible sources of
groundwater contamination in the vicinity of the project site. LSCE will evaluate available information on
possible sources of contamination and use this information and other references to address source water protection
as required by the DWSAP program. LSCE will prepare a preliminary DWSAP document for the well site. LSCE will
review information from the following sources:
• Santa Clara County Environmental Health Department
• Geo Tracker
• California Department of Toxic Substance Control (DTSC)
• Environmental Data Resources, Inc. (EDR)
• Sanborn Maps
Task 3.2 Test Hole and Monitoring Well
Task 3.2 will include test hole drilling and monitoring well installation. A test hole will be drilled to collect lithologic
samples for analysis, and to conduct down hole geophysical surveys that will be used to design the new production
well. The preliminary test hole depth will be based on the information developed as part of Task 3.1.
LSCE will provide subcontracted test hole drilling services from a licensed drilling contractor and will oversee the work
to ensure that it is performed in accordance with our stringent specifications and high expectations. LSCE will require
that the drilling contractor contains all fluids and cuttings generated by drilling operations and properly dispose of
those materials at an appropriate facility.
LSCE will provide documentation and sampling services during the drilling process including a drilling log, geological
samples at a minimum of 10 foot intervals, geophysical (electric) logs, and sieve (grain size) analysis. If the nature,
depth, and thickness of aquifer materials from the test hole are favorable, LSCE will recommend converting the test
hole to a multiple -completion monitoring well. A typical monitoring well may include up to three, 2-inch diameter
polyvinyl chloride (PVC) piezometers, completed in different zones. The screen section(s) of each piezometer will be
isolated from one another using intermediate bentonite seals allowing for discrete water level measurements and
water quality sampling. LSCE will oversee the construction and development of the monitoring wells. After
development of the monitoring wells, LSCE will mobilize a sampling rig and collect water samples from each
piezometer and submit to a state certified laboratory for Title 22 Drinking Water analysis. and other constituents of
concern in the area.
Task 3.3 Well Design Recommendation Report
LSCE will prepare and deliver to the City an Investigation Summary and Preliminary Well Designs report that will
summarize the findings of the site assessment and site characterization work performed as part of Tasks 3.1. The
report will include:
• A summary of all field activities associated with test hole drilling, monitoring well construction and
development, and water quality testing
• A lithologic log based upon interpretation of collected lithologic samples and geophysical logs
• Geophysical logs
• Grain size distribution charts of selected formation samples
• Monitoring well as -built diagram
• Daily inspection sheets
• A summary of water quality results and analytical reports
• Copies of all project permits
• Copy of Well Completion Report
LSCE will prepare preliminary production well designs based on data gathered during test hole and monitoring well
evaluation and our experience in the area. The principal design elements to achieve a hydraulically efficient and sand -
free well include:
• Borehole and casing depths and diameters
• Casing material type(s)
• Screen placements
• Screen type and material
• Accessory pipe depth, material, and diameter
• Casing and screen wall thickness
• Gravel pack gradation
• Screenslotsize
• Seal depths
The report will include a drafted preliminary well design profile and conceptual site layout. The design elements of the
well design and yield estimation will be discussed in the report. An engineer's estimate for the construction and testing
of the well will be included in the report.
LSCE will meet with the City to discuss the results and findings of the test hole/monitoring well investigation and new
well design recommendations. LSCE will incorporate the City's design comments into the final well design.
Task 3.4 Siting Concurrence
After approval of the well design by the City, LSCE will prepare an initial SWRCB-DDW submittal
document requesting siting and design concurrence for the new well based on compliance with SWRCB-
DDW and DWR regulations. The initial submittal will include a preliminary well design, site layout,
location may, map indicating location and distances of sanitary features from the proposed well
location, delineation of wellhead control zone, and the preliminary DWSAP Report.
LSCE will prepare DDW submittals for the preliminary and final amended water supply permit under Task 5. The
preliminary water supply permit includes well design information, site plan, preliminary DWSAP, and CEQ4
documentation. The Final water supply permit submittal will include updates to the information from the preliminary
submittal in addition to the Operations Plan, well and chlorination data sheets, an engineering report, and final As -
Built diagrams.
Task 4 - Production Well Design and Construction
Task 4.1— Production Well Construction Specifications
LSCE will prepare specifications that will include detailed construction requirements that must be
followed by the well drilling contractor during every phase of the project, including the minimum
acceptable methods for drilling fluid control, well development and testing, and performance standards.
Other site -specific items will include requirements for containment and disposal of drill cuttings and
handling of discharge water during development and test pumping in accordance with applicable local,
state and federal regulations.
Task 4.1 also includes interaction with regulatory agencies such as DDW, the City of Gilroy, County of Santa Clara,
Santa Clara County Department of Environmental Health, and the SCVIND related to permitting for drilling,
construction, and testing of the new well. Permits and plans that are typically required for a well installation project
include drilling, discharge, water supply, encroachment permits, storm water pollution and prevention plan (SWPPP),
and traffic control plans.
LSCE will prepare a complete set of specifications (Special Provisions and Technical Specifications), drawings in
AutoCAD V10, and a bid sheet suitable for the solicitation of competitive bids. LSCE will provide a draft copy of the
specifications and plans to the City for review. Upon acceptance by the City, LSCE will provide the City with the final
specifications for incorporation with the City's front-end contract documents and forms for solicitation of bids. LSCE
assumes that the City will contract directly with the selected contractor for the construction and testing of the wells.
Task 4.2 — Production Well Construction Bidding Assistance
LSCE will provide the City with a list of at least three qualified drilling contractors to solicit bids from for the well
installation project. LSCE will conduct a mandatory pre -bid conference for prospective contractors with the
City and LSCE project managers present. LSCE will prepare any required written clarifications and/or
addendums to clarifythe scope for bidding purposes.
LSCE will review and tabulate all formal bids to ensure responsiveness with the contract requirements. A
thorough background check on qualifications and references will be conducted on the lowest responsible bidder and
the findings of thatreview will be discussed with the City. LSCE will prepare a formal summary of the bid review
and a recommendation for award to the lowest responsible bidder.
Task 4.3 — Well Construction and Testing Oversight Services
As part of our inspection and oversight duties, LSCE will verify that all aspects of the project are carried out as set forth
in the project specifications and according to accepted well drilling practices. LSCE will notify the contractor regarding
lack of compliance with the project specifications or accepted water well drilling practices and, as the City's agent, will
identify corrective measures to be implemented. LSCE will immediately stop work on the project if there are any
safety, property damage, or permit violation concerns. LSCE will document all aspects of the project, including
inspection items, calculations, and communications with the contractor and other involved parties. LSCE will provide
frequent updates to the City via email, phone, and in person, if requested in addition to regular weekly updates.
Pre -construction Conference: LSCE will conduct a preconstruction meeting to address any final logistical
questions and confirm the Contractors understanding of the project requirements before operations
begin.
Well Location Verification: LSCE will verify the location of the planned well before drilling commences.
Mobilization/Site Preparation Inspection: LSCE will ensure that the contractor is set up per
specifications and has all the required equipment/materials onsite before drilling operations begin.
Conductor Casing: LSCE will witness conductor/surface casing installation and grouting operations
Borehole Construction: LSCE will monitor drilling operations and drilling fluid control to insure minimal
formation damage.
Materials Inspection: LSCE will inspect and verify that all materials are as specified and in good
condition.
Casing Installation: LSCE will witness borehole conditioning and casing assembly installation.
Gravel and Annular Seal Placement: LSCE will inspect gravel and seal(s) installation and estimate final
quantities to be installed.
Well Development and Discharge Monitoring: LSCE will witness initial well development techniques
with the drilling rig, final development of the well by pumping, and compliance with all discharge
requirements.
Well Testing: LSCE will witness acceptance tests for minimum sand production and maximum well
efficiency, monitor well pump tests, and evaluate well performance in order to develop pump design
criteria.
Video Inspection, Plumbness and Alignment Testing, Well Disinfection: LSCE will witness video,
plumbness and alignment testing, and final well disinfection.
Cleanup: LSCE will verify contractor's compliance with site cleanup and well security requirements.
Payment and Acceptance: LSCE will review all invoices for accuracy and make recommendations for
payment and for final acceptance.
Well Construction Summary Report: LSCE will prepare two bound copies of a Well Construction and
Testing Summary Report.
Task 5- Pump Station Design and Construction
Task 5.1— Preliminary Pump Station Design Activities
LSCE will meet with and conduct a site visit with City personnel to discuss the overall pump station
project design requirements, construction concepts, and site constraints at both pump station sites. The
primary goal of the site visit is to discuss design elements needed to serve the new facilities including,
new water supply connections, storm drain pump -to -waste (overboard) operations, building sewer,
electrical service, radio communications, access controls, etc.
Task 5.2 — Obtain Survey Basemap and Geotechnical Investigation
Completion of a topographic survey basemap in ACAD format will be needed for the project site. The
basemap will be used for preliminary layout of the pump station that in turn will be used for preparing
the final bidding plans. LSCE will also solicit the services of a geotechnical sub consultant to perform
geotechnical exploration and preparation of a geotechnical engineering report required to develop the
project design drawings/specifications.
Task 5.3 —Pump Station Design and Construction Specifications
This task covers the scope of work required to prepare the engineering plans and technical specifications
for the project, consisting of a well pump and motor, motor control center, discharge piping, chemical
treatment systems, standby diesel generator, instrumentation, electrical control panels, SCADA
communication, CMU block building to house the above ground components onsite and other required
site improvements. The design will also address all other site modifications and improvements including
grading, drainage, paving, fencing, painting, etc. The design will be completed at 30%, 65% and 100%
stages and an Engineer's Estimate of project construction costs will be prepared with each design phase.
After review of each design phase by the City, LSCE will prepare the complete set of plans and
specifications for the subsequent design stage, incorporating any comments received from the City in
the previous design review.
Task 5.4 — Pump Station Bidding Assistance
LSCE will provide a list of a minimum of five (5) general and specialty contractors who may be interested
in bidding on this project, for the City's review and approval. LSCE assumes the City will prepare and
distribute advertisements for bids in newspaper, Builders Exchanges, and other media. LSCE will assist
the City with preparing any required written clarifications and/or addendums to clarify the scope for
bidding purposes.
Task 5.5 — Pump Station Construction and Commissioning
LSCE's approach to providing construction support services involves a close relationship with
construction timing, schedule, progress and administrative processes so as to not delay progress. LSCE
will act on behalf of the City and work in close coordination with the City's assigned project manager.
LSCE assumes the scope of construction period services include the following:
Pre -Construction Meeting: LSCE will hold a pre -construction conference to discuss the baseline schedule
and the procedure for construction progress, RFls, status of submittals, and any miscellaneous items
throughout construction. A formal agenda and meeting minutes documenting the status of the
construction meetings will be prepared.
Construction Staking: LSCE will coordinate with the surveyorto provide the Contractorwith an initial set of
construction staking for the well and pump station site, including building corners for both sites. LSCE
assumes no more than 2 site visits are required by the surveyor for construction staking.
Submittal Review: LSCE will complete the review and transmittal of technical submittals provided by the
general contractor. A submittal spreadsheet log will be maintained for use in tracking and documenting
submittal review.' SGE ^ e than 49 a-brxiVcJ.o rgi11 Reed +^ he Fed approved
Requests for Information: During the construction period, the general contractor will ask questions on
details of the contract, substitutions, and alternative approaches that are best answered by the
designer. LSCE will review questions and provide written clarifications. SCE uccurNoc na-merc than 15
Change Order Assistance: LSCE will assist in the preparation of any necessary field instructions and
change orders. Anticipated assignments may include: preparing requests to the general contractor for
proposals for extra or changed work; review of contractor requests for change order to determine if
work proposed is considered extra work; opinion of probable construction cost; and, review and
negotiation of cost estimates. L-Sr-ii -Re mara "n 5 change erdeF-q V.411 .,o,,,1 W be
On -site Inspections: LSCE will provide scheduled on -site milestone inspections including special
inspections for electrical, structural and mechanical components. LSCE will prepare an inspection report
for each site -visit indicating the date and times, people on -site, material delivered, work completed, and
corrections noted. LSCE assumes the following milestone inspections will be required which include:
Civil/Mechanical Engineer Support (6 site visits)
Furnish an engineer for field observation of station layout/grading; pedestal construction and
well pump installation; station piping/valving installations; transducer installation; utility service
lines/conduits and ventilation system construction; chemical feed equipment installations; and
other site improvements.
Structural En,pineer Support (4 site visits)
Furnish an engineer for field observation of construction of pump station building components
including the rebar for the concrete slab, CAPIU wall, and roof trusses for the pump station
building.
Geotechnical Engineerinq Services (6 site visits)
The work will include observation of major excavations, grading, and fill areas to confirm that
material encountered is consistent with assumptions developed during the design. Observe and
advise field staff on unusual, questionable, or unanticipated soil conditions. Perform
compaction testing of earthwork for pad/footing subgrade and utility trench backfill
operations, and concrete breaktesting.
Electrical Enqineerinq Support (4 site visits)
Inspection of conduit routing, equipment anchorage, control and distribution panel
configuration and electrical switchgear will be performed. Also included in this task will be to
inspect the electrical for "green tagging" for power company electrical service connection.
Startup/Commissioning (4 site visits): LSCE will oversee and be responsible for the approval of the
contractor's startup and commissioning activities for a fully functioning and operable facility, including
all equipment acceptance testing, communications and programming, and close-out permitting
requirements. This process will involve coordinating the general contractor, sub -contractors, systems
integrator, equipment manufacturers, City staff and regulatory agencies. A preliminary site inspection
will be conducted during startup/testing & commissioning of the pump station, in which LSCE will
prepare list of incomplete construction items (punch list) for the general contractor to complete prior to
final acceptance of the project by the City. Hydraulic performance acceptance testing will also be
conducted to ensure the completed down hole pump assemblies at both sites operate as warranted by
the equipment manufacturer and to ensure the pump station is operating at the flow rates, pressures
and efficiencies for which the entire facility was designed.
As -Built Drawings. At the end of the construction phase of the project, LSCE will modify the project drawings into a set
of project Record Drawings based on field changes and red line markups from the general contractor and LSCE
construction managementstaff. Record Drawings and Operation & Maintenance manuals will be provided to the City
after they have been reviewed and approved by LSCE and the City. Digital copies of the record drawings and technical
specifications will be provided for City records.
EXHIBIT "C"
MILESTONE SCHEDULE
4835-2267-0361 v1
LAC104706083
EXHIBITC- MILESTONE SCHEDULE City Dl Gilroy McCarthy Well Project
re 1-112/2019)
10 ITmkN..e iDuratipn Nun !Finish 15119 1)/19 18/19 19/19 130/19111/19112/1911/20 12/2013/20 14/2015/20 16/2017/20 18120 19/20 110/20111/20112/2011/21 12/2113/21 14/2115/21 16/2117/21
: Pro, —Due 1100 PM1 Iday fin/19 6/7/19 6/7"
3 SeleNon of Cpnsulnnt ltlay ]/3/. ]/3/19 7/3
• • P • r :idli J6.i: ild:a51
5 Netice tp Pmceed !day ]0/1/19 SO/1/19 10/1
6 Prplect gkknlf Meeting Ltlay 10/B/]9 10/8/19 �10/8
g CEOA Investlptlpn CwM 10/9/te 11/5/19
9 Eletltlnl5ervice 80Pgaatlpn ewkt I/e/eo 3/3/2o I
10 Prep,,D.ft Wate ppty—RDocuments 3wks 1/21/. 2/18/2e I
will
lI Complete Final Water Supply Permit 3wks 7/5/21 7/23121
13 Sile Rssessmenl iw4s 10/9/19 10/22/19
l4 Pmperty Rc9uit— 4wks 10/9/19 St/5/l9
l5 Nytlrogedpgiclnvettlgatlon — I1/6/19 12/31/19
lfi GepRNninl MvesOgatlpn 4wks 1t/fi/l9 12/3/19
17 5unW, — 11/6/19 12/3/19 I
10 r Well Design Recommendation Report
w 1/1/20
1/20/20 I
21 UN Review d Design Recommendation&Meeting
w 1/29/20
2/Ie/20
2w s 3/19/20
3/3/20
'
eld Pedatl gentling with {itl Award)
3wks 3/4/20
3/24/20
i5 UN Review, CpnVavorinsunnce,-d, rnn[ntt
3 moos 3/25/20
6/I6/20
I
26 N-e to Proceed
1 tlay 6117/20
6/1]/m
I 6/1T
2B well CpnsWalpn
0.._--•Er13/l0
&all/Ll
r'
i..ui° •'
:: 21.4g
uJij" I GL1L'L
Prepantlon p130%Oesiga sPea.451va and Cea FstimaR
s5n3n
We/19 t17M 1
32
UryRevlew of 30%0esign &Meelin{
3wks
1/0/20 1/20/20
33
Prepantlpn pl65%Design, 5pedfintlons, and Cast Fstlmate
4wks
1/29/W 2/15/20
34
GWRevlewof65%0esi8n&MeeVn{
3wks
2/26/20 3/17/20
35
Prep—d-pf100 —191, Speciilnlions•and Cost EAimate
Iwks
3112120 3/31/20
36
UryRevlew o11009F Design&Meetlng
3wks
8/13/20 9/2/20
37
PrepanUan o101d Set 0esign. Spev6nllons, and Con Enimale
2wks
9/3. 9/16/20
'
muzus�
Pedod (ending with BM 4wardl
w4s
3mons
9/17/M 10/14/20 I
Cary peview, [entrattorimunnce, bends• —1—
10/15/20 t/6/M i
41
Iilc t. PI—d
1day
1/7/21 1/7/21
0
a:
4
Gndine; Formwork and Compaction
fiwks
1/8/21 2/18/21
4
Sub{-d..er, Smrm, Sewer• and Flec 1Work
ewks
118121 314/21 I
46
Fpunda0 —Slab
fiwks
3/5/11 4/15/21
47
MU Bulltling
2—
4/16/21 4/29/21
40
-ci- Palnlin&and Sile lmpnvemenV
6—
4/30/21 6/10/21 I
49
Pu,'.. .-
2—
4130/21 5/13/21 I
50
M[C Ins1311a1ion
6wks
4130/21 eit=t I
12
1.a p, CommVVodn&and Pu.6iai
3wM
6/11/21 110, I
53
final Pralect Meeting/ loner of 8cceptana
1day
7/2/21 7/2/21 I
luhrlprn 6
sSu[ ontni
l e/21
1
1
I
I
EXHIBIT "D"
PAYMENT SCHEDULE
4835-2267-0361v1
LACk04706083
EXHIBIT D- PAYMENT SCHEDULE AND HOURLY RATES
LSCE's estimated cost to complete the scope of work outlined in our proposal was based on our
understanding of the project and what would be typically expected to complete the tasks described
based on our prior experience. The cost estimate assumed the following:
• The City will provide daily inspection services during construction of the well
pump station and LSCE will provide milestone inspections as identified in the
workplan.
• Prevailing wage rates for applicable work for LSCE personnel and subcontractors
• SWPPP is not required as the planned project will disturb less than 1 acre.
• LSCE will retain the test hole driller and pay for monitoring well Title 22 water
quality analysis.
• General Conditions, Supplemental General Conditions, and other "front
end" specifications will be prepared by City staff.
• Design documents will conform to the City's standards.
• The City will pay all permitting fees.
Exhibit D includes detailed estimated project costs that includes hours per LSCE work tasks and
subtasks, billing rate by employee classification, estimated subcontracted costs, and miscellaneous
expenses. LSCE will invoice monthly on a time and materials basis as incurred for labor, materials, and
subcontracted services in accordance with our 2019 Schedule of Fees for Engineering and Field Services.
LSCE's 2019 Labor Fees shall remain in effect forthe full contract period (project completion).
EXHIBIT D - PAYMENT SCHEDULE AND HOURLY RATES
Client
Project
CIty of oy
McCarthyarthyWell Pump StaBanProject
Estimated Costs for Design and Construction of
Luhdorff
LSCE No.
Est. By
19.5-060
JC, SL
City of Gilroy - McCarthy Well Pump Station
Scalmanini
Date
6172019
Consulting Engineers
Principal Supervising Project
Stan William Merkel
Staff Professional Elecnlcal Power NorthSl., Hanna Brunetti
AutoCAO Clerical Associates
ENOEO Valbrldge
Roadrunner Drilling
CLS (Water
(Test Hole l Direct Expenses
Professional Professional Professional
Professional (Prevailing Systems (Electrical) Consulting (CEQAI (Surveying)
(Geotaehnieal) (Appraiser)
Quality)
Task I Oescrlotion
Task 1 -Project Coordination,
Meetings, and Administrati
Tnk Howa
Task 1.1 - Kickoff and
Took Cod
Information Request
ob.d Espa.an
Sub Con.ulbni
eubToh
- -
Task 1.2-Project
Teak Hours
Tsakcosl
Coordination, Meetings,
olnol&son...
and Administration
sub c.nmibnl
BubTobf
Task 2 -Property Acqulsltlon and Permlding Assistance
Wage) (Structural) Monitoring Well,
$200 $170 $140 $167 $130 S75 Incurred' Incurred' Incurred' incurred* Incurred' IncurredIncurred' Incurred' Incurred
Summary
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SO
U
�.M. �..$22401..�
„�.,,�����,. ...o ..��... ��
...,s0
�� �,��,.� ,... 4l
0
.........-. �....��.....� �. �. ,.. ��,,,.._.........-............................
..... .�...-
$B,SB
56
S1.680-...55.600
$30..
I
-- - ---
$9,820
$486 $4B0
SO
$10,300
Total Task Cost Estimate $18,890
T.ak Houn
0
8)
0
0
0
y,
Taek 2.1-Pro party
T..k cost
$0
$1.60G
$0
SO
SO
SO
_
$0
Acqulsltlon
Espcored.n.mn
Sub Comulbnl
9ubTabl
a
Took Hours
8
1�'
40
78
0
0
0
Task 2.2- Per mitting
Task con
$1.680
$3.2001
$6.800
.510:920
s0
$01
s0
Assistance
ou.'tE.uns..
flub Dons.banl
I
Su .lal
�.
Task 3 -Site Specific Investigation
.... _..
Took Hourg
10
0
12
16
0
9
Task 3.1-Initial Site I
Task Cml
$2.100
$0
$2.040
$2.240
$0
Sri
1d
Assessment I
1
Sub ...ul I
Sub C.mbnl
1
SubTaal
_
Took Hour.
17
0
8
19
120^
Q
Taek 3.2-Test Hole and I
Took Cost
$2.520
$0
$1.360
$2.240
$20.040
$C
SO
Monitoring Well I
Olr.d a.pem.s
Sub Con.ulbnl
SubT.bf
1
I
Tad it.un -�-
9
0
12
_
1d
0
Task 3.7-Weil Design 1
To. co.l
$1.680
Sd
$2'040
$1,400
s0
Recommendation Report I
oir.d Exp.rrsag
oualde Servlc.I,
I
6ubTobf
1
Took Hour
11�
0
.{s
8
0
pg
_
d
Task 3.4-S[tin g 1
Task co.f
$2.520
s0
$680
$1, 120
$0
f(1
R300 ---
Concurrence 1
I
DOW Eapan.us
Cubid. S. ...
1
6.bT.bl
I
r
Task 4-Production Well Design and Construction
I
T..N Hour.
Task 4.1- Production Wall l
Taak Cosi $1.
Construction
Dbad Espana,
Specifications
sub C.-Its. l
SubTobl
Took Hourg
Task 4.2-Production Well
Ta.k cool $2.
Construction Bidding
Ur."Espana.,
Assistance
sub Can.ue.nl
_
eubTolal
Took H.-
Task 4.3 -Well
Tmkcul $5.
Construction and Testing
oboct Won...
Oversight Services
sub Conoulbnl
Sul,Tobl
Task 5-Pump Station Design and Construction
To.), Hour
Task 5.1-Preliminary
Took co'
Pump Station Design
Dire., Exp.ns.'
Activities
Sub C.neulbnl
6ubTobl
Taak How.
Task 5.2-Obtain Survey
Tusk cod
BasemaIS and
Dhm Esp.n.es
Geotechnlcal Investigation
sub Coneulbnl
SubT.b1
Took Hour.
Task 5.3-Pump Station
Tusk coal
Design and Construction I
oir.ot Esp.ns..
Specifications I
Sub C.-Itonl
I
6ubTobl
Task Hour,
Task 6.4-Pump Station
C.l
Bidding Assistance
obulEok
I
Sub Cansulbn�
SubT.bl
T.4 Hour'
Task 5.5-Pump Station I
Tu.k C.el
Construction and I
Dbect al)-n...
Commissioning I
sub C.n..lbrd
I
SubTehl
$3„450 $4.800
$8.050
$9,650
_
142
$22.600
_ - $250
$250
$37.927
$37.927
560,777
Total Task Cost Estimate
570,427
38
$6,380
$160
$150
$0
$6,540
._ _.�..... -
-._.. _ .
k156
$26.1Go
$2,400
$2.400
$1100001 $4.000
$114,000
$ 142.560
-
-
_
30
55.120
$0
S01
28
$4,620
_-
- - ---r -
$a
B 0
680 $0
...___-
12 0
520 $d
12
$2 040
10
51.700
8
51.120
0
SO
01 0
$OI SO
I
o n
$0 $0
0
S0
0
24 0
040 $0
32
$5.440
40
$5,600
200
$33.400
_ _ _ _ 0
Sn
s0
$4.620
Total Task Cost Estimate $16.260
$4.840
$0
1
SO
s4,840
,
20
s16d
$4,220
$160
$0
_
.....
$4,380
I
-
296
$49.480
-
1
$2,40d
I
52,400
$4,000
$4,000
$5518:1
Total Task Cost Estimate
1.5.100
- o
90
-__--_-
$14,070
$100
so
-_
s1a,nD
I
12
$1,840
$0
515.52
$24.725
I
$28,565
372
$55,580
$450
$47.600
$103,630
701
$10.490
$160
so
$10,650
352
$55,920
$300
$37.653
$93.873
Total 'ask Cost Estimate
$248.886
1750
$281.170
$2713955
$7.020
4
24
0
I
48
0
$840
$4,80d
$0
$6.720
s0
R1..�iAl1
,415f1
__`jII
d
_
0
I -
0
0
0
8
$o
$Boo
so
so
- -
so
- $1,040
- --
so
-
-
i9200
Bit
B7
0
125
0
19,(7
1�
$1,680
$17,300
SO
517,500
s0
si If 6
S90
836 100
S11 FOfI
0
20
0
32
0
1
$0
54.000
SO
$4A80
s0
_
R1.Sf
$4h'R
8
$1,580
92 48 0 1F 8
$0 S4 $18.400 $8.160 $22 400 fi8n _ Sfinn
10398
Tobl LSCE Hours
134
291 178
T.al LSCE Cost
$28.14
$58, 100 530.260 $81.
SUMMARY I Tobl subcouuMam Coel
I
DI-t E.p.nu.
Tobl Reprotludlon Cos
' Sub -Consultant and Service Provider fees Include LSCE's 15 h markup.
415.1Bn $37 aT s19
$32,200
$45o
$160
§4,600 $110,000 $8,000
$7.020
Total Cost Estimate $562,145
Luhdorff & Scalmanini
Consulting Engineers
500 FIRST STREET WOODLAND, CALIFORNIA 95695
SCHED ULE OF FEES - ENGINEERING AND FIELD SERVICES
2019
Professional:
Senior Principal
Principal Professional
Su ervising Professional
Senior Professional
Project Professional
Project Professional —Prevailing Wage
Staff Professional
Staff professional —Prevailing Wage
Technical:
Engineering Inspector
ACAD Drafting/GIS
Engineering Assistant
Scientist
Technician
Clerical Support:
Word Processing, Clerical
Digital Communications Specialist
Project Admin/Accounting Assistant
Vehicle Use
Subsistence
Groundwater Sampling Equipment
(Includes Operator)
Copies
Professional or Technical Testimony
Technical Overtime (if required)
Outside Services/Rentals
Services by Associate Firms
Engineer, Geologist, Hydrogeologist, and Hydrologist
$215/hr.
$210/hr.
$200/hr.
$187/hr.
$145 to 170/hr.
$177hr.
$130 to 140/hr.
$165 hr.
$130/hr.
$130/hr.
$100 to 120/hr.
$100 to 120/hr.
$100 to 120/hr.
$75/hr.
$90/hr.
$90/hr.
$0.58/mi.
Cost Plus 15%
$170.00/hr.
.20 ea.
200% of Regular Rates
150% of Regular Rates
Cost Plats 15%
Cost Plats 15%
E LBCvw1 CALL.
P01WEIR
SYSTEMS INC.
PwcwfWwm1cbnam1 anni# =o nnsulting
01n=tr1c;a1 !_ng1rr4mr1ng
PROFESSIONAL RATE SCHEDULE
Expert Research Testimony and Depositions ------------------------------------------------------------------------------- $325.00 per hour
Principal Electrical Engineer -------------------------------------------------------------------------------------------------------- $235.00 per hour
Professional Engineer ----------------------------------------------------------------------------------------------------------------- $200.00 per hour
E.I.T------------------------------------------------------------------------------------------------------------------------------------------- $180.00 per hour
Field Tech./Designer/IT Programmer --------------------------------------------------------------------------------------------- $160.00 per hour
Cad/Drafting Technician -------------------------------------------------------------------------------------------------------------- $122.00 per hour
Clerical--------------------------------------------------------------------------------------------------------------------------------------- $ 85.00 per hour
1.0) RATES ARE FIXED AND VALID THROUGH JUNE 2022.
THANK YOU AND IF YOU HAVE ANY QUESTIONS, PLEASE CALL.
ELECTRICAL POWER SYSTEMS, INC.
JOSEPH P. PREVENDAR. P.E.. PRESIDENT
GARY R. OLSEN. P.E.. VP OF POWER/GENERATION
Jt WILLIAM MERKEL ASSOCIATES STRUCTURAL ENGINEERING
2804 FULTON AVE. - SACRAMENTO, CA 95821 - (916) 461-1962 • FAx (916) 481-016f • WMASEOPACBELL.NET
THE CURRENT BILLING RATES FOR ENGINEERING SERVICES FOR WILLIAM MERKEL
ASSOCIATES ARE AS FOLLOWS:
Principle Time
$ 290.00
Structural Engineering
$ 260.00
Civil Engineering 1
$ 190.00
Civil Engineering 11
$ 160.00
Drafting 1
$ 130.00
Drafting 2
$ 100.00
Clerical Time
$ 65.00
All rates shall be locked in through June 2022.
Printing, copies, travel, and any submittal fees are billed at 15% over cost in addition to the
base rates for engineering services rendered.
Job billings will be billed once a month with a total breakdown of fees/hours included.
Payment is due in full for each invoice upon receipt. 1 1 /2 % per month interest will be charged
on all overdue accounts.
HANNA-BRUNETTI
EST. 1910
CIVIL ENGINEERS • LAND SURVEYORS
CONSTRUCTION MANAGERS
CITY OF GILROY — MCCARTHY WELL PROJECT
PROFESSIONAL SERVICES HOURLY FEE SCHEDULE
OFFICE AND PROFESSIONAL
Principal Engineer
Associate Enoineer/Project Manager
Proiect Engineer
S u rvevor
Design Engineer
Assistant Survevor
Junior Civil Engineer
Technician
Inspector
Draftsperson
Clerical
Witness — Per Deposition Appearance
Witness — Per Court Appearance
FIELD
One -Person Survev Crew
Two -Person Survev Crew
Three -Person Survev Crew
$ 190.00
$ 170.00
$ 155.00
$ 165.00
$ 135.00
$ 130.00
$ 115.00
$ 115.00
$ 127.00
$ 110.00
$ 74.00
Minimum 4-hour increments
Minimum 4-hour increments
Rates are locked in and valid through the estimated project completion date of June 2022
$ 200.00
$ 235.00
$ 280.00
7651 Eigleberry Street 408-842-2173
Gilroy, CA 95020-5122 Fax 842-3662
Email:engineering@hannabrunetti.com
GEOTECHNICAL
ENG:�:O ENVIRONMENTAL
WATE-R RESOURCES
CONSTRUCTION SERVICES
Expect Excellence — -- — - - ----- -----
PREFERRED CLIENT FEE SCHEDULE
PROFESSIONAL SERVICES
President........................................................................................................................................ $380.00 per hour
Principal Engineer/Geologist/Seismologist................................................................................... $290.00 per hour
Associate Engineer/Geologist/Seismologist................................................................................. $245.00 per hour
Senior Engineer/Geologist/Seismologist...................................................................................... $215.00 per hour
Project Engineer/Geologist/Seismologist..................................................................................... $195.00 per hour
Environmental Scientist................................................................................................................. $180.00 per hour
Staff Engineer/Geologist/Seismologist......................................................................................... $174.00 per hour
AssistantEngineer......................................................................................................................... $140.00 per hour
Construction Services Manager.................................................................................................... $170.00 per hour*
Senior Field Representative II....................................................................................................... $150.00 per hour*/'E*
Senior Field Representative I........................................................................................................ $135.00 per hour*/**
Field Representative...................................................................................................................... $125.00 per hour*/**
Environmental Technician............................................................................................................. $130.00 per hour*/**
Senior Laboratory Technician....................................................................................................... $155.00 per hour
Laboratory Technician................................................................................................................... $140.00 per hour
SeniorCAD Specialist................................................................................................................... $145.00 per hour
CADSpecialist............................................................................................................................... $135.00 per hour
GISAnalyst.................................................................................................................................... $150.00 per hour
NetworkAdministrator................................................................................................................... $195.00 per hour
ProjectAssistant............................................................................................................................ $118.00 per hour
* Two-hour minimum portal to portal.
* OVERTIME RATES: Rates increased by factor of 1.5 for all hours worked in excess of eight (8) Monday through Friday, and
the first eight (8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in excess of twelve (12)
Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays.
** For Prevailing Wage projects, increase the hourly rate by $15.
** Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.); rates
increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in excess of eight (8).
wmv.engeo.com
EQUIPMENT AND MATERIALS CHARGES
Air Content Meter
7.00
hour
Bailers (Disposable)
8.00
each
Concrete Crack Monitor
20.00
each
Coring Machine
25.00
hour
Double -Ring Infiltrometer
40.00
hour
Electronic Water Level Indicator
5.00
hour
Engineering Analysis Software
28.00
hour
Equipment Transport(er)
100.00
hour
Exploration Equipment (Percussion Penetrometer)
50.00
hour
Floor Flatness/Floor Level Equipment
20.00
hour
Generator
15.00
hour
GIS Website Portal Maintenance
100.00
month
GPR/GPS Handheld Device
10.00
hour
GPR/GPS/Drone Survey Grade Equipment
175.00
hour
Hand Auger and Soil Sampler
15.00
hour
Hydraulic Pull -Test Equipment
25.00
hour
Interface Probe
2.00
hour
Magnetic Particle Test Equipment
25.00
hour
Moisture Content Test Equipment
6.00
hour
Multi -Parameter Water Meter
15.00
hour
pH Meter/Turbidity Meter
10.00
hour
Photo Ionization Detector
15.00
hour
Pachometer
100.00
hour
Sampling Tubes
10.00
each
Sand Cone Equipment and Material
5.00
hour
Schmidt Hammer
20.00
hour
Seisometer
50.00
hour
Skidmore Wilhelm Bolt Tension Calib.
40.00
hour
Slope Inclinometer/Settlement Indicator/VW Readout
50.00
hour
Torque Wrench
15.00
hour
Transfer Pump
3.00
hour
Ultrasonic Equipment
50.00
hour
Vapor Emission Test Kit
40.00
kit
Vector Conversion
60.00
conversion
Vehicle, mileage, nuclear gauge, misc. equipment, wireless
communication
27.00
hour
Vehicle, mileage, misc. equipment, wireless communication
18.00
hour
Vibration Monitor
1800.00
month
Water Sampling Pumps
20.00
hour
Bridge Toll
actual
actual
Mileage
.78
mile
Parking
actual
actual
AutoCAD, Civil 3D, GIS, Drone Data Processing
25.00
hour
Photocopies Black & White
0.25
each
Photocopies Color 11 x 17
1.50
each
Photocopies Color 8'/z x 11
1.00
each
Plot - Black & White
3.00
square foot
Plot - Color
4.00
square foot
Postage
actual
actual
Scan - Black & White
1.50
each
Scan - Color
3.75
each
Telephone
0.50
minute
www.engeo.com
NORTHSTAR,
�l ...Designing Solutions
STANDARD HOURLY RATES
Environmental/Planning/GIS
Principal Planner
Senior Biologist/Environmental Scientist/Planner/GIS Analyst
Associate Biologist/Environmental Scientist/Planner/GIS Technician
Assistant Biologist/Environmental Scientist/Planner
*Hourly Rates for the City of Gilroy Potable Water Well Project are in effect for the
duration of the project through 2022.
Hourlv Rate*
$160.00
$135.00
$115.00
$95.00
Jason Coleman
July 12, 2019
Page 2 of 7
We will provide you with an electronic file (PDF) of the appraisal report. Upon request, we will furnish
you with two bound copies.
Our fee for this appraisal will be $4,000. The amount of $2,000 is due in advance, as a deposit.
Our fee includes two hours of phone calls for Q&A related to the appraisal. Any additional work will
be billed based on our hourly rates at $260 for Laura Hulberg, $360 for myself, Josh Fronen and $155
for analysts.
You may send the deposit by check or, if preferred, wired to the following account. Please be sure the
payment includes a reference to the address of the property to be appraised.
If by Check:
Valbridge Property Advisors
55 South Market Street, Suite 1210
San Jose, CA 95113-1207
Attn: Claudia Romero
If by Wire:
Bank of Marin
180 Grand Avenue, Suite 1545
Oakland, CA 94612
Routing Number: 121141877
Account Number: 21797874
The estimated completion date of the appraisal is August 9, 2019. This date assumes that we will
receive written authorization to proceed by July 11, (please return this letter by email) the deposit by
July 15, and that the relevant information needed for the appraisal will be received from our client on
a timely basis.
In order to appraise this property, please provide the information listed on page 4, as applicable.
Valbridge Property Advisors I Northern California