Agreement - Bengal Engineering, Inc. - Contract No. 21PW1016-2 - 3rd Amendment; 10th Street Bridge Over Uvas Creek and Associated Roadway Improvement Design - Signed 2023-11-09 -1- 4845-8215-5540v1 MDOLINGER\04706083
SECOND 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, 2023 unless terminated in accordance with the provisions of Article 7 of the
original Agreement.
2. This Amendment shall be effective on December 30, 2022.
3.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.
4.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.
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
11/4/2022
DocuSign Envelope ID: 9985A68B-D337-4017-AD37-318AB92D3CA4
12/21/2022
DocuSign Envelope ID: E26119B4-1413-4334-93F2-DF3D6DD15994
-1- 4845-8215-5540v1 MDOLINGER\04706083
FIRST AMENDMENT TO 10th STREET BRIDGE OVER UVAS CREEK AND ASSOCIATED
ROADWAY IMPROVEMENTS DESIGN AGREEMENT
WHEREAS, the City of Gilroy, a municipal corporation (“City”), Bengal Engineering Inc.,
entered into that certain agreement entitled Deign of 10th Street Bridge over Uvas Creek and Associated
Roadway Improvements Agreement, 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 AGREE AS
FOLLOWS:
1. ARTICLE 1, “Term of Agreement” – This agreement will become effective on 7/31/2020 and
will continue in effect through 12/30/2022 unless terminated in accordance with the provisions of
Article 7 of the Original Agreement.
2. ARTICLE 3, “A. Specific Services” - Exhibit "B" (" Scope of Services") of the Original
Agreement shall be amended to include the following (proposal attached):
The project will be re-scoped to build:
• Two new bridges- the longer bridge over Uvas Creek and “Breezeway Bridge” for the
multi-use trail which will pass under 10th Street on the east side of Uvas Creek.
• A roundabout at Uvas Park Drive.
• Roadway modifications/realignments to portions of 10th Street and Uvas Park Drive. 10th
Street will conform to the roadway grade near Orchard Drive, at a point to be determined
by the designers.
• Reconstruction/realignment of the Uvas Creek Levees/Levee trail.
• Design of multi-use trails under 10th Street.
• Provide post-construction stormwater controls to reduce pollutants.
Items which have been removed from the original contract scope include:
• The second roundabout originally proposed for 10th Street at Orchard Drive.
• Both “drop off zones” along the Gilroy High School and associated improvements.
• The proposed improvement on Princevalle Street and Johnson Way.
• The storm drain improvements originally conceived along 10th Street between Uvas Park Drive
and Princevalle Street.
3. ARTICLE 4, “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 $2,020,125.
DocuSign Envelope ID: C1068A34-0E93-4847-B2EF-13CC59263940DocuSign Envelope ID: 9985A68B-D337-4017-AD37-318AB92D3CA4DocuSign Envelope ID: E26119B4-1413-4334-93F2-DF3D6DD15994
-2- 4845-8215-5540v1 MDOLINGER\04706083
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.
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]
Interim City Administrator Director
[title/department] [title]
Date:
Date:
Approved as to Form ATTEST:
City Attorney City Clerk
06/17/2020
DocuSign Envelope ID: C1068A34-0E93-4847-B2EF-13CC59263940
6/18/2020
DocuSign Envelope ID: 9985A68B-D337-4017-AD37-318AB92D3CA4DocuSign Envelope ID: E26119B4-1413-4334-93F2-DF3D6DD15994