Agreement - Bengal Engineering, Inc. - 10th Street Bridge Over Uvas Creek and Associated Roadway Improvement Design - Signed 2016-08-01 AGREEMENT FOR SERVICES
(For design professional contracts over$5,000)
This AGREEMENT made this 1 st day of August, 2016 between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Bengal Engineering, Inc., having a principal place of business at 250 Big
Sur Drive, Goleta, Ca 93117.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 08/01/2016 and will continue in effect through
7/31/2020 unless terminated in accordance with the provisions of Article 7 of this Agreement.
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 and
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.
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
4a45$718-3385v1 _1_
LA004706083
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". In no event however shall the total
compensation paid to CONSULTANT exceed$1.830 089.00.
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
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.
484"798-Mvl
LAC104706083 -2-
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 Iimitation 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,
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
4M-6718-33850
LACM706083 -3-
"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.
G. Prevailing Wage
The CONSULTANT agrees and acknowledges that it is its obligation to determine whether, and
to what extent, the work performed under this Agreement is subject to any Codes, Ordinances,
Resolutions, Rules and other Regulations and established policies of the City and the laws of the
State of California, the United States, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage laws.The CONSULTANT shall ensure that all
subcontractors are informed and are required to pay prevailing wages in compliance with the
California Labor Code and the regulations thereunder. It shall be the duty of the CONSULTANT
to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be
obtained at www.dir.ca.gov.
4845-6718-3385v1 _�_
LACQ4706083
ARTICLE G. 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.I., 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 satisfactorily completed 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 fully, 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, j
then in addition to any other rights and remedies CITY may have, CONSULTANT shall
• I
4845.6718.3385vl
LAC 04706083 -S-
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 8. 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 use due professional care to
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 S 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 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.
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 party will be entitled to reasonable
I
4845-6718-3385v1
LAM04708083 -6-
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 aII the covenants and agreements between the parties with respect to the rendering of i
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. i
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.
4845-6718.33850 _�_
LAM706083
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.I. 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.
I{. 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: CITY:
Bengal Engineering, Inc. CITY OF GILROY
(aiLIA&
By: By:
Name: Scott Onishuk, PE Name: Gabriel Gonzalez
Title: Director Title: City Administrator
Social Security or Taxpayer
Identification Number 20-20277(A
4845$718-3385v1
LAD04706083 -�-
Approved to Farm A EST:
City Attorney City Clerk
4845-671 M3850 -9-
LACM706083
EXHIBIT"A"
SPECIFIC PROVISIONS
1. 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 Scott Onishuk, PE, 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 satisfactorily
complete the Services required herein.
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, David
Stubchaer, PE shall be the designated City contact persons). 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.I.("Notices")of this Exhibit"A"
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has satisfactorily completed all of the Services,
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 satisfactorily completed all of the Services and, if so
requested, CITY shall make this determination within two (2) weeks of such request, or if CITY
determines that CONSULTANT has not satisfactorily completed all of such Services, CITY
shall so inform CONSULTANT within this two (2) week period.
111. 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.
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.
4845-6718.3385vl
LAM0470M
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. CONSULTANT'S SERVICES TO BE APPROVED BY A REGISTERED
PROFESSIONAL ENGINEER
All civil (including structural and geotechnical) engineering plans, calculations, specifications
and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and
shall include his or her name and license number. Interim documents shall include a notation as
to the intended purpose of the document, such as "preliminary" or "for review only." All civil
engineering plans and specifications that are permitted or that are to be released for construction
shall bear the signature and seal of the licensee and the date of signing and sealing or stamping.
All final civil engineering calculations and reports shall bear the signature and seal or stamp of
the licensee, and the date of signing and sealing or stamping.
B. 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-
C. 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. 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.
D. 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
4845-6718 33850 _�_
LAC04706083
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.
E. 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.
F. 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.
G. 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.E 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.
H. 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.
4845-6718.33 A
LACt4706083 -3-
1. NOTICES.
Notices are to be sent as follows:
CITY: David Stubchaer, Interim City Engineer
City of Gilroy
7351 Rosanna Street
Gilroy,CA 95020
CONSULTANT: Scott Onishuk, PE
Bengal Engineering Inc.
250 Sig Sur Drive
Goleta CA 93117
J. 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.J.apply.
0 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.J.do not apply.
1. 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.
3. 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.
4845-6718-3385vl _4_
LACW47DW83
EXHIBIT "B"
SCOPE OF SERVICES
4645-6718-3385v1 4
LACT4706083
Bengal's Proposal for Detailed Design of the
Proposed 1011 St. Bridge over Uvas Creek
and
Associated Roadway Improvements
Submitted to.
David Stubchaer, PE, Operations Manager
Department of Public Works, City of Gilroy
� L -y, ate .:, � .jx�• �x.�'� � =�-='� t� ,t•.Y '
i 7r
It
IN
i OF
t r _
Aerial View of project location looking to the northwest.
Submitted ,tune 30, 2016
250 Big Sur Drive Phone: (805) 563-0788 www-bengalengineering-com
Goleta, CA 93117
City of Gilroy: Proposal for Detailed Design of the 1 Uh St. Bridge r
Contents
iProject Management and Administration................................................................................................4
KickoffMeeting............................................................................................................................................ 4
QualityControl............................................................. 4
MonthlyMeetings............................................................. ....................... ................................................... 5
2 Environmental Support.............................................................................................................................5
3 Field Surveys and Mapping...................................................................................................................... 5
FieldSurveys and mapping ......................................................................................... .--.........-----.--....... 5
4 Utility Coordination.................................................................................................................................... 5
5 Geotechnical Studies................................................................................................................................ 6
6 Bridge Hydrology & Hydraulic Study.................................•---.................................................................. 8
SCVVVDCoordination.................................................................................................................................. 9
FEMACLOMR............................................................................................................................_...•--........ 10
U.S. Army Corps of Engineers Levee Recertification................................................................................10
7 Prepare 65% Plans...................................................................... ....11
.........................................................
8 RIW Mapping............................................................................................................................................12
9 Prepare 95% PS&E...................................................................................................................................13
95% Roadway Plans.................................................................................................................................. 13
95% Construction Schedule ...................................................................................................................... 13
Specifications 1 Special Provisions...---...................................................................................................... 13
Quantity Takeoffs and Calculations--------•...............................................................................•----------•--...-- 13
10 Prepare 140% PS&E.................................................................................................................................14
UpdateContract Plans............................................................................................................................... 14
Update Contract Specifications...................................................................................................... 14
Update Quantities and Estimate................................................................................................................ 14
11 Prepare "Resident Engineer Pending„ File...........................................................................................14
12 Submit Final PS&E...................................................................................................................................14
13 Bid Support........................................................................................................................................... 14
Respondto Inquiries.................................................................................................................................. 14
PrepareAddenda.......... ....... ........................................................ ........................................................... 14
Review/Recommend Award ...................................................................................................................... 14
14 "Street Safety": Improvements for West 1011 Street& Princevalle Street........................................15
15 Engineering Support During Construction...........................................................................................15
Task Breakdown Summary (Effort and Fee Estimate)................................................................................16
WageRates..................................................................................................................................................19
Assumptions 1 Exclusions.............................................................................................................................20
SCHEDULE .............................................................................................................................................».„....22
Subcontractor's Proposals............................................................................................................................ 24
Reese Water and Land Surveying................................................................................................. .....A
SubsurfaceDesigns, Inc...............................................................................................................................B
CentralCoast Aerial Mapping........................................................................---...........................................0
Page 2
City of Gilroy: Proposal for Detailed Design of the 101" St. Bridge
Bengal Engineering's Work Plan
The City of Gilroy has identified the need to construct the missing link of 101 Street across
Uvas Creek near Gilroy High School to complete this portion of the transportation system.
The project includes the following:
• Design of new bridge over Uvas Creek at 10t'' Street
■ Creek hydraulics modeling, including application to modify FEMA floodplain and
floodway maps and interaction with Santa Clara Valley Water District
• Levee Recertification request with associated geotechnical analyses
• Design of a second bridge: the Levee Trail "breezeway" bridge under 10" Street.
• Geotechnical report for both the Uvas Creek Bridge and the Levee Trail Bridge
• Design of re-routing of Levee Trail to accommodate the new 1 Oil St. bridge over
Uvas Cr. to allow trail users to pass under the new 10"I street roadway, unimpeded
• Design of a new roundabout : Uvas Parkway and 1 o°h Street
■ Design of a second roundabout: 101' Street at Orchard
• Design of street improvements for the south side of 101 Street from the west side of
Uvas Creek to Princevalle; approximately 2700 feet. Improvements include for
passenger loading along Gilroy High School and construction of a center median for
roadway safety.
• Roadway Safety improvements for roadway safety, crosswalks. bikeways and
signing, and pavement maintenance for 10Eh Street between Princevalle and
Monterey Street; approximately 2500 feet
• Roadway Safety improvements for Princevalle Street extending from 1011 street
approximately 1200 feet south to just south of the entrance of the Gilroy High School
parking lot. Work will include improving striping, signing, pavement maintenance,
and installation of'Standard Barricade" at Johnson Way to replace the existing "low
wood barricade"
• Right-of-Way Mapping for the project
Bengal Engineering (Bengal) has completed concept level plans, and developed the
roadway geometry and bridge layout concepts to the satisfaction of the City.
The scope of services included in this subsequent proposal is for the completion of the
project design. Work proposed herein includes project management, surveys, stream
hydraulics, geotechnical investigation, right-of-way mapping as well as the creation of the
plans, specifications and estimates for construction of the project.
The environmental studies 1 permits and right-of-way acquisition will be performed by
others and therefore are not included in our scope of work.
Page 3
City of Gilroy: Proposal for Detailed Design of the 10"1 St, Bridge'-
PROJECT UNDERSTANDING AND APPROACH
We have identified the following key objectives for project success:
• Address key technical issues associated with the extension of 1pth Street over Uvas
Creek; including Santa Clara Valley Water District (SCVWD) flood conveyance
requirements, FEMA CLOMR, Levee Stability, coordination between bridge and
roadway design, access, and right-of-way, while balancing with the environmental
constraints.
• Maximize the use of available funds by reducing project costs.
• Meet or exceed the proposed project schedule.
• Implement aesthetic features within the project budget,
In this proposal we address the key technical issues for the project and define the
deliverable.
Additionally, a schedule highlighting critical path tasks is presented.
The Bengal Team stands ready to provide the planning, engineering, and coordination
necessary for the successful completion of the project.
1 PROJECT MANAGEMENT AND ADMINISTRATION
BENGAL will manage the project by tracking the schedule, budget and value of the
products produced.
Brief progress reports will be prepared and submitted to the City each month. The
progress reports will identify work completed to date, work performed in the prior
month, work anticipated for the next month, and action items necessary to keep the
project on track and moving forward.
Kickoff Meeting
A kickoff meeting for the project team, including City staff, will be held in Gilroy.
Associated with the kick-off meeting will be a field review at the bridge site with the
City and SCVWD to review the critical aspects of the project.
Deliverable.
■ One copy of the project information binder including scope of services, schedule,
fee, and project contact list for the City's use
Quality Control
BENGAL will provide internal quality control on products submitted to the City. A
senior level BENGAL engineer will provide independent quality control review.
Page 4
City of Gilroy: Proposal for Detailed Design of the 1011 St. Bridge
Monthly Meetings
BENGAL will attend monthly meetings to review the schedule, budget, and address
key issues for the project. These meetings may be held on the phone, via on-line
conferencing, or in the City's offices depending on circumstance.
Deliverable:
• Bengal will chair a monthly meeting. Bengal will supply the agenda, updated
schedule, meeting minutes, and "action log".
c. The City will arrange for the environmental consultant to attend,
Z ENVIRONMENTAL SUPPORT
BENGAL's review of the CEQA document (prepared by others)
We understand a CEQA document for the proposed work will be prepared by others.
BENGAL will review the CEQA document and provide engineering support.
Deliverable (City to Bengal):
■ An electronic copy of the CEQA document
Deliverable (Bengal to City):
• Engineering support for the environmental studies
3 FIELD SURVEYS AND MAPPING
Field Surveys and mapping
To augment the aerial mapping already completed, Reese Water and Land
Surveying will provide additional surveying and topographic mapping.
Deliverables:
• Topographic mapping: fill-in topo along Uvas Parkway and 1011 Street
• Overlay of linework of Right-of-Way and Easements
4 UTILITY COORDINATION
At the time of this proposal, based on the responses we have received from the
utility companies, we currently know of no utility conflicts within the project limits.
Therefore our utility coordination is limited to coordinating with the City to
accommodate a new waterline in the bridge. During detailed bridge and roadway
design we will confirm our earlier findings regarding the existing SCVWD reclaimed
waterline and our assumption regarding existing utility valves and manholes.
Page E
City of Gilroy: Proposal for Detailed Design of the 10" St. Bridge
New Waterline: 1011 St. Bridge
For the 101�1. St. Bridge over Uvas Creek we will provide block-outs in the abutments
and bents and provide accommodations for a carrier pipe for the waterline.
For the smaller 10111 St. bridge over the pedestrian path, we envision that the
structure thickness will be limited by vertical clearance of the path below. Therefore
we anticipate that the waterline will "go around" this bridge.
At the time this proposal was prepared we understand that the waterline will be
designed by others.
SCVWD Reclaimed Waterline
A Santa Clara Valley Water District reclaimed water line is situated between the top
of bank and the paved SCVWD maintenance road, We have digitized the record
drawings provided by SCVWD and believe that this reclaimed waterline will be clear
of conflict from the bridge piles and we anticipate additional "fill" will be placed
around this line, and that such grading will not require relocation.
Existing Valves and Manholes
We assume existing manhole frames and covers, and water valves, can be adjusted
to grade without right-of-way agreements or "design".
Deliverable:
• Coordination with City for the new waterline in the 1011 St. Bridge over Uvas
Creek
5 GEOTECHNICAL STUDIES
Bengal will provide geotechnical engineering services for the project. We will
conduct a field investigation, perform laboratory tests, and conduct engineering
analyses to develop geotechnical parameters and recommendations for the design
and construction of the proposed structures [bridge, trail underpass, embankments
possible retaining wall(s)] and roadwaylsidewalk pavement. A preliminary
Geotechnical Report (PGR) and subsequent Geotechnical Report (GR) will be
prepared. Geotechnical engineering tasks will be conducted in accordance with the
general requirements and guidelines of the California Department of Transportation
(Ca€trans), Section 210 of the current Highway Design Manual and Memo-To-
Designers (MTD) 5-20.
Paae 6
City of Gilroy: Proposal for Detailed Design of the 1011 St. Bridge
Permitting I USA Notification
Prior to commencing our work, Bengal will obtain encroachment permits and boring
permits, as necessary, with the Santa Clara Valley Water District (SCVWD) and City
of Gilroy. The locations of the proposed subsurface explorations will be marked in
the field and Underground Service Alert of Northern California contacted to obtain
clearance from nearby utility owners.
Field Investigation
The goals of this task are to document observations of subsurface conditions and
collect soil samples for laboratory testing. We propose the following boring program:
Design Element No. of Borings Approx. Depth
Bride 3-4 50'-100'
Trail Underpass 1 70'
Roadway Improvements 4 10'-20'
We will collect bulk, small disturbed, and relatively undisturbed samples of
subsurface soils. SPT tests and sampling in cohesionless soils, and Modified
California Drive (MCD) sampling of fine-grained soils, as appropriate, shall be
performed at each change in soil type during drilling but at an interval no more than
five (5) feet to ten (10) feet during drilling.
Laboratory Testing
The field boring logs will be reviewed and analyzed to select bulk and undisturbed
samples for laboratory testing. The following laboratory tests are envisioned:
• In-place moisture and unit weight • Maximum density
• Grain-size analysis ■ Corrosivity
Collapse potential • Sand Equivalent
■ Direct Shear ■ R-Value
■ Unconfined Compression • A.tterberg Limits
All tests will be conducted in general accordance with Caltrans Test Methods and/or
ASTM Standards.
Page 7
City of Gilroy: Proposal for Detailed Design of the 1011 St. Bridge
Engineering Analyses
Results obtained from the field and laboratory testing program will be used to
establish an idealized soil profile and strength parameters for bridge and retaining
wall (if necessary) foundation design, seismic design, calculation of lateral earth
pressures, and slope stability and settlement calculations for the approaches. We
will provide information on remediation measures if the site soils are corrosive to
concrete or steel structures. R-value will be used to determine composite pavement
structural sections using Traffic Indices provided by the City.
Report Preparation
We will prepare two reports:
■ a Preliminary Geotechnical Report (PGR) at the 65% Plan submittal
■ a Geotechnical Report (GR) for the final (100%) project PS&E submittal
Both reports will contain sections addressing the roadway pavement and
embankments, and retaining wall foundations. Format and content of the PGR and
GR will follow Cal trans guidelines.
Several copies of the draft version of the report will be submitted for review during
Phase 1. Review comments will be incorporated into final report.
Deliverables:
• Preliminary Geotechnical Report (provided at 65% submittal)
• Geotechnical Report (provided at 3 00% PS&E submittal)
E BRIDGE HYDROLOGY & HYDRAULIC STUDY
As part of the project development process, a detailed analysis of floodplains is
necessary to properly plan and prepare for potential flooding conditions because of
the bridge.
A "baseline" hydraulic model will be developed utilizing HEC-RAS model provided by
the SCVWD.
BENGAL will prepare the draft Bridge Hydrologic and Hydraulic Study for the project
per Caltrans Highway Design Guideline, accepted principles outlined by FEMA and
the Santa Clara Valley Water District (SCVWD) design flow.
Page 8
F
City of Gilroy- Proposal for Detailed Design of the 1011 St. Bridge
The study will:
• Document the discharge estimate
• Definite the study reach
• Create the Duplicate Effective Model
• Create the Corrective Effective Model
• Develop the Existing or Pre-Project Effective Model
■ Create the Proposed or Post Condition Model
■ Document recommendations for bridge profile
■ Provide recommendations for bank protection and scour-control measures
BENGAL will review the information available to the City and SCVWD regarding
design discharge, scour potential, channel historical maintenance log. The Bridge
H&H Study will be standalone document specific to the bridge.
Geometric data for the floodplain analysis will be based upon digital topographic
mapping and supplemented with field surveyed cross sections.
Deliverable:
• Bridge Hydrologic and Hydraulic Study
SCVWD Coordination
Bengal will coordinate with the SCVWD for the following aspects of the protect
design and approval process-
• Bridge H&H Study
• Bridge Plans
• Roadway Approaches & Levee Trails
■ Levee Maintenance Accesses
■ EEMA CLOMR request
• ACOE Levee Recertification
Page 9
City of Gilroy: Proposal for Detailed Design of the 101h St. Bridge c+-
FEMA CLOMR
BENGAL will prepare the CLOMR request for the Uvas Creek reach that will be
effected by the 1011 Bridge Project.
The request will include the application forms along with the following supporting
information:
• Completed application forms
• Narrative on project and submittal
• Hydraulic computations along with digital files of computer models used
• Certified topographic map with floodplain and floodway delineations
• Annotated DHS-FEMA FIRM and reflect changes due to the project
Deliverable:
FEMA CLOMR request
U.S. Army Corps of Engineers Levee Recertification
BENGAL will prepare the Levee Recertification request for the reach of the Uvas
Creek that will be effected by the 10" Bridge Project,
The request will include the following supporting information:
Freeboard. Minimum freeboard required 3 feet above the Base Flood Elevation
(BFE) all along length, and an additional 1 foot within 100 feet of structures (such as
bridges) or wherever the flow is restricted. Additional 0.5 foot at the upstream end of
a levee.
Closures. All openings will be provided with closure devices that are structural parts
of the system during operation and designed according to sound engineering
practice.
Embankment Protection. Engineering analyses demonstrate that no appreciable
erosion of the levee embankment can be expected during the base flood, as a result
of either currents or waves, and that anticipated erosion will not result in failure of
the levee embankment or foundation directly or indirectly through reduction of the
seepage path and subsequent instability.
Page 10
City of Gilroy: Proposal for Detailed Design of the 10" St. Bridge
Embankment and Foundation Stability Analyses. Engineering analyses to evaluate
levee embankment stability. The analyses will evaluate expected seepage during
loading conditions associated with the base flood and demonstrate that seepage into
or through the levee foundation and embankment will not jeopardize embankment or
foundation stability.
An alternative analysis demonstrating that the levee is designed and constructed for
stability against loading conditions for Case IV as defined in the U.S. Army Corps of
Engineers (USAGE) Engineer Manual 1110-2-1913, Design and Construction of
Levees, (Chapter 6, Section lI), may be used.
Settlement Analyses. Engineering analyses to assess the potential and magnitude of
future losses of freeboard as a result of levee settlement and demonstrate that
freeboard will be maintained. This analysis will address embankment loads,
compressibility of embankment soils, compressibility of foundation soils, age of the
levee system, and construction compaction methods. In addition, detailed settlement
analysis using procedures such as those described in USACE Engineer Manual
1110-1-1904, Soil Mechanics Design— Settlement Analysis, will be submitted.
Interior Drainage, An analysis identifies the source(s) of such flooding, the extent of
the flooded area, and, if the average depth is greater than 1 foot, the water-surface
elevation(s) of the base flood. This analysis will be based on the joint probability of
interior and exterior flooding and the capacity of facilities (such as drainage lines and
pumps) for evacuating interior floodwaters.
Deliverable:
■ Levee Recertification request
7 PREPARE 65% PLANS
Bridge Design Calculations
Bridge design will be in accordance with Caltrans Bridge Design Specifications and
applicable sections of the Caltrans Bridge Memo to Designers and Bridge Design
Aids manuals.
The design will meet City, Caltrans and FHWA standards in effect as of the date of
the Notice to Proceed. Seismic design will be performed in accordance with the
latest edition of the Caltrans Seismic Design Criteria.
Detailing of plans will be in accordance with the Caltrans Bridge Design Details
Manual, and Caltrans Standard Plans and Standard Specifications.
Page 11
City of Gilroy: Proposal for Detailed Design of the 1 Qt' St. Bridge
Prepare 65% Bridge Plans
Typically, the bridge plans will include the following sheets:
• General Plan
■ Deck Contours
• Foundation Plans
• Abutment 1 Layout
• Bent 2 and 3 Layouts
■ Abutment 4 Layout
■ Abutment Details
• Typical Section
• Girder Layout
• Girder Reinforcement
• Barrier Rail Architectural Details
• Miscellaneous Barrier Rail Details
• Miscellaneous Details
• Structure Approach Type EQ(10)
■ Log-of-Test-Borings
Prepare 65% Roadway Plans
• Typical Cross Section
• Roadway Layouts
• Utility Plans (Existing)
• Roundabout Layouts
• Roadway Profiles
■ Drainage plans (reconstruction)
■ Construction Details (key spot elevations)
■ Striping and Signing Plans (No Striping Quantities in this submittal)
8 RIW MAPPING
BENGAL's sub-consultant, Reese Water and Land Surveying, will delineate the
configuration of the existing right-of-way and existing easements.
Reese will create the right-of-way mapping (existing and proposed) for the project.
His work will included creation of the right-of-way map, exhibits and legal
descriptions for up to 10 parcels, temporary construction easement's for up to 10
parcels, and the ancillary tasks and research.
■ See Ree_se's scope attached at the end of BENGAL's proposal for more detail
• Work by City: Right-of-Way acquisition activities
Page 12
City of Gilroy- Proposal for Detailed Design of the 1 ath St. Bridget '
Deliverables:
• Determine the permanent and temporary construction easements (BENGAL)
• Create the right-of way maps (Reese)
• Create the legal exhibits and legal descriptions for the project (Reese)
• Coordination with City's R1VV Appraiser (BENGAL)
9 PREPARE 95% PS&E
95% Bridge Plans
Perform bridge independent check
Another engineer will independently check the bridge. The independent check
will result in a set of calculations back-checked and reconciled with the designer.
Incorporate comments from 65% review and independent check
The designer will reconcile with the checker, and incorporate design changes into
the contract plans. At that time we will also incorporate comments from the 65%
review,
95% Roadway Plans
BENGAL will respond to and incorporate, where appropriate, comments from the
65% submittal review. The final plans will be prepared for use in estimating,
specifications and permit applications.
95% Construction Schedule
BENGAL will prepare the construction working day schedule. For the bridge work,
this schedule will be used for programming the construction phase of the project and
for preparing the project special provisions.
Specifications 1 Special Provisions
BENGAL will prepare the technical portion of the project specifications, the "Special
Provisions" in Caltrans format. BENGAL will also prepare the list of bid items.
Quantity Takeoffs and Calculations
BENGAL will prepare a set of quantity calculations for the bridge items. The
roadway quantities will be calculated and summarized on Excel spreadsheets. The
Engineer's Estimate of cost will be developed from the bridge and roadway
quantities.
Deliverable: Submit 95% PS&E
The 951/n plans, specifications and estimate will be submitted to the City for
review and comment.
Pace 1
City of Gilroy: Proposal for Detailed Design of the 1 W1 St. Bridge
10 PREPARE 100% PS&E
Update Contract Plans
BENGAL will update the project plans based on appropriate comments from the
95% PS&E review. BENGAL will prepare a memorandum to address the comments
from the 95% PS&E review.
Update Contract Specifications
BENGAL will incorporate appropriate comments from the 95% PS&E review into the
contract specifications.
Update Quantities and Estimate
BENGAL will update the quantities and estimate from appropriate comments from
the 95% PS&E review.
Deliverable: Submit 100% PS&E
• The 100% plans, specifications and estimate will be submitted to the City for
bidding,
11 PREPARE "RESIDENT ENGINEER PENDING" FILE
BENGAL will assemble the "Resident Engineer Pending" file with 4-scale deck
contours, the quantity calculations, Engineer's estimate, and Designer notes to the
Resident Engineer.
12 SUBMIT FINAL PS&E
BENGAL will submit the final PS&E and support documents, reports and permits for
advertisement, award and administration of the construction contract.
13 BID SUPPORT
The BENGAL Project Manager will attend a pre-bid meeting.
Respond to Inquiries
BENGAL will respond to bidder inquiries by phone or email.
Prepare Addenda
BENGAL will prepare bidding addenda as requested by City.
Review/Recommend Award
BENGAL will assist in recommendation for award as requested by the City.
Page 14
City of Gilroy: Proposal for Detailed Design of the 1 Qt' St. Bridge
14 "STREET SAFETY": IMPROVEMENTS FOR WEST 1 OT"STREET & PRINCEVALLE STREET
BENGAL will develop plans to re-stripe and perform pavement maintenance using
cape or slurry seals for two areas.
• 1 Ot" St. from Princevalle to west of Monterey Road
• Princevalle St. from 1 V1 St, to about 1200 feet south
Deliverables:
• Additional topographic mapping (Add to 1011 St. Mapping: Princevalle portion
south of 1 Otn St.)
■ Exhibits for City's use in public meetings: 1011 St. and PrincevaIle. These exhibits
will be created using concept sketches provided by the City
• Plans, specifications and bid quantities for the construction.
15 ENGINEERING SUPPORT DURING CONSTRUCTION
BENGAL will support the CM team, providing the following on a Time-and-Materials basis:
• Attend meetings and respond to phone calls / emails as requested
• Respond to Requests for information "RFi's"
• Review Shop Drawings
• Review of Change Order requests
■ Review construction material product submittals
• Advice and professional support to City staff/ Resident Engineer/ Structure
Representative as requested
• Creation of record drawings, using red-lines provided by the Resident Engineer/
Structure Rep.
Page 15
EXHIBIT "C"
MILESTONE SCHEDULE
4845$718-3385vi
LAC047OW83
City of Gilroy: Proposal for ❑etailed Design of the Inth St. Bridge +'
SCHEDULE
A design baseline schedule is provided an the following page. This schedule will be
updated at the 65% submittal.
Page 22
-- Irish Sr•{t 60,dpe Design schedule — -
TXir4Fw qe 3."IsTF1{ p�1.7e IT •,TA1T 3,TOIT 1,=Gli pl,Tell p�1,f011 pt 1,dell pY�.7011 p i01e q7.
1 iNTP _ Jul+M I•rp l_On 1 hl•e.l.pn Ll�hJ FN J_111L JWJJhr_1.JM_i J�lJl�r l-7q 4N-LMee.l.ac-i-In.l.I.il MIS 1.NeJJhW I.Jr11-N.L/rre lsM,.Uttl NrrlO1s I len.l t�C.1-lAw 1H[
x IKiCk-011 w
De[aded Enginnurulq Design 1 • Ininl••••u'".r^•�
4 PADIRCI Managemern
s Env,ronmental-Renew A Engingenng Support
• Field Surveys and Mapping
° Ui ility Co Fd inalion
• Geolechnical Enpmeenrig
• Bridge Hydrauk%
10 BFM0e Hydrology 6 tdydrautiCs Study
11 City d,SCVWD Review -
I= SCVWD CoorWnndan
11 Cily d SCVWD Renew �y
1/ - FEMA CLOMR IsI�Fll
Is City,SCVWD d FCMA Review il�slslsrl
1s ACOE tevee Recoil
11 Coy.SCVWD.FEMA d ACOE Revi w
1• Prepare 65%Plana
11 65%Roadway Plans
30 65%Bridge Plans
TI Suhmil-86%Plans
TT City Rewow Ll
71 Prepare Dra[I(9590)PSZF
T' 95%Roadway Plans
95%Bridge Plans
Droll Specfcalion d E51imales +la�apa�l�agadal1
'T Suhmil Aran l95%1 PS&E •1H
_•_ Cny Review
_ ;Prepare Final(100%)PS&E �'is -'
x 100%Roadway Plans -
]t- 100%Bnaga Plans
n Final Foundation Rapod
]] Fnal specification d Estlmales +-
H Suhmit Final(100%)psm 111e
rs 'Did Support
36 �Complahon Design Phase vl
'T ConslnJdlon of Bndgs and Approaches
1• Ilodyr f-uuddalarns
9e 4uuarsuurmica
•° Nhlxer Dreek-SupllFt�e In leglilalory lkscrdl+nn �
41 Roadway Improvement 11�
' Complete Cons[nxUon i'eae
T.J �r� fief.n a,mmrr r--�-..•�q w.... .rn.. [a...a,w. r.. -4, c—a spn ul.
RyrrT ICN a&�•/•qW a^T 9FM ,,,,, En•mJ F�..F V+Fen rllF.mru ur.,�5..wn.ry neae• E.t�+ul F.aa Roa.F.
MI.irr We 111111kIM • E.wmJ elrFNwi• � Y>.�n•]u+mr1 a��w.n.w1 • F.t.nir AWr+uy � OF.d� �
�.Mrr *"^� MnM 1�F1 r.WUFF ini Sweh ci•e�
EXHIBIT "D"
PAYMENT SCHEDULE
• Each month during the term of the Agreement, CONSULTANT shall submit to CITY a
reasonably-detailed invoice, accompanied by a reasonably-detailed progress report as per
Exhibit "B", page 4, under §1 Project Management and Administration, T2 "Brief
progress reports will be prepared and submitted to the City each month. The progress
reports will identify work completed to date, work-performed in the prior month, work-
anticipated for the next month, and action items necessary to keep the project on track
and moving forward."
e Bengal Engineering, Inc. will be paid monthly for services performed during the previous
month, in a total amount not to exceed$1,830,089.00, including all invoiced costs, for the
final design of the 1 Oth Street Bridge over Uvas Creek.
• Reimbursable Expenses, as shown in Task Breakdown Summary in Exhibit "I]", will be
paid as expenses incurred and invoiced in the monthly invoice, in a total amount not to
exceed$86,699.00.
• Project Management and Administration fees, as shown in Task Breakdown Summary in
Exhibit"I3", under task No. 1, shall be paid in 20 equal payments, which is the estimated
length of the design portion of the project.
4845-6718-3385v1
LAC104706083