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Agreement - Bengal Engineering, Inc. - Contract No. 21PW1016-3 - 3rd Amendment; 10th Street Bridge Over Uvas Creek and Associated Roadway Improvement Design - Signed 2023-11-09 -1- 4845-8215-5540v1 MDOLINGER\04706083 THIRD AMENDMENT TO 10th STREET BRIDGE OVER UVAS CREEK AND ASSOCIATED ROADWAY IMPROVEMENTS DESIGN AGREEMENT WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Bengal Engineering Inc. entered into that certain agreement entitled “Agreement for Services”, effective on August 1, 2016, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Bengal Engineering Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, for valuable consideration, the parties hereto agree as follows: 1.Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows: “This Agreement will become effective on August 1, 2016 and will continue in effect through December 30, 2025 unless terminated in accordance with the provisions of Article 7 of the original Agreement. 2.The Payment Schedule of the Original 2016 Agreement shall be replaced with the updated Payment Schedule in Attachment A. 3. This Amendment shall be effective on December 30, 2023. 4.Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5.This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 6. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY Bengal Engineering Inc. By: By: [signature] [signature] Jimmy Forbis Scott Onishuk [employee name] [name] City Administrator Director [title/department] [title] Date: Date: Approved as to Form ATTEST: City Attorney City Clerk 11/1/2023 DocuSign Envelope ID: E26119B4-1413-4334-93F2-DF3D6DD15994 11/9/2023 Bengal Engineering Billing Rates - 2024-2025 Projects that do not have state/federal funding will be charged at our standard in-house rates: $/Hr Principal Engineer 226.00$ Project Manager 202.00$ Bridge Engineer 196.00$ Geotechnical Engineer 196.00$ Engineering Geologist 196.00$ Civil Engineer 173.00$ Staff Engineer 134.00$ Drafting / Technician 115.00$ Administrative 121.00$ Attachment A DocuSign Envelope ID: E26119B4-1413-4334-93F2-DF3D6DD15994 City of Gilroy Agreement/Contract Tracking Today’s Date: November 6, 2023 Your Name: Marco Martinez Contract Type: Services over $5k - Contractor - Design Professional Phone Number: (408) 846-0292 Contract Effective Date: (Date contract goes into effect) 8/1/2016 Contract Expiration Date: 12/30/2025 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Bengal Engineering, Inc. 250 Big Sur Drive Goleta, CA 93117 Taxpayer ID: 20-2027764 Signer’s Name/Title: Scott Onishuk, PE/Director Contract Subject: (no more than 100 characters) Amend #3 - Extending term of design engineering services for the 10th St Bridge over Uvas Creek Contract Amount: (Total Amount of contract. If no amount, leave blank) $2,020,125 By submitting this form, I confirm this information is complete: Date of Contract Contractor/Consultant name and complete address Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached Taxpayer ID or Social Security # and Contractors License # if applicable Contractor/Consultant signer’s name and title City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation DocuSign Envelope ID: E26119B4-1413-4334-93F2-DF3D6DD15994