Agreement - HydroScience Engineers, Inc - Signed 2024-02-05
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AGREEMENT FOR SERVICES
(For design professional contracts over $5,000)
This AGREEMENT made this 5th day of February, 2024 between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: HydroScience Engineers, Inc., having a principal place of business at 90
E. Taylor St, Suite 200, San Jose, CA 95112.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on February 26, 2024 and will continue in effect through
December 31, 2026 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.
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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”. In no event however shall the total
compensation paid to CONSULTANT exceed $842,790.00.
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.”
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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 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
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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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G. Prevailing Wage
CONTSULTANT 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, CONTSULTANT 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.gov.
No CONSULTANT or Subconsultant may be awarded an Agreement containing Public work
elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor
Code 1725.5. Registration with DIR must be maintained throughout the entire term of this
AGREEMENT, including any subsequent amendments.
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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.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,
then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse
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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 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 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
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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.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.
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: CITY:
HYDROSCIENCE ENGINEERS, INC. CITY OF GILROY
By: By:
Name: Mary Hoang, PE Name: Jimmy Forbis
Title: Principal Title: City Administrator
Social Security or Taxpayer
Identification Number 94328891
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.
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: CITY:
HYDROSCIENCE ENGINEERS, INC. CITY OF GILROY
By: By:
Name: Mary Hoang, PE Name: Jimmy Forbis
Title: Principal Title: City Administrator
Social Security or Taxpayer
Identification Number 94328891
Approved as to Form ATTEST:
City Attorney City Clerk
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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 Robert Le, 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, Jorge Duran,
PE 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.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.
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. 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
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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
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.
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-4- 4845-6718-3385v1
LAC\04706083
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.
I. NOTICES.
Notices are to be sent as follows:
CITY: Jorge Duran, PE
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Robert Le, PE
HydroScience Engineers, Inc.
90 E. Taylor St, Suite 200
San Jose, CA 95112
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.
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.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
-1- 4845-6718-3385v1
LAC\04706083
EXHIBIT “B”
SCOPE OF SERVICES
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 1
January 12, 2024
Carina Baksa – carina.baksa@cityofgilroy.org
Julie Oates – julie.oates@cityofgilroy.org
SUBJECT: Proposal for Engineering Services for Water Utility Improvement Design
Project No. 24-RFP-PW-497
Dear Ms. Baksa and Ms. Oates,
HydroScience has been designing water system infrastructure in Northern California since our incorporation
in 1997. Our proposal presents a unified team of experts who are uniquely qualified to meet the City of
Gilroy’s performance, schedule, and budget expectations. The specific benefits of the Hydroscience team
include:
Extensive experience in pipeline design. Nearly all of HydroScience’s design projects include some sort
of pipeline design upgrades or rehabilitation. Our potable water pipeline designs have ranged from 4 to
54 inches in diameter and have included all types of trenchless construction, Caltrans and railroad agency
permitting, and difficult crossings. We have prepared numerous plans and specifications for projects with
objectives similar to the City’s, as described in our proposal.
An in-depth understanding of applicable regulations and permitting agencies. We are very familiar with the
Waterworks Standards that govern the design criteria for public water systems. I was significantly involved
in the development of these standards, and this familiarity will ultimately save the City time and money. In
addition, we have obtained numerous permits from Caltrans for various infrastructure projects, including the
First Street Waterline Improvements for the City of Gilroy.
A focus on operations and maintenance. Key staff members hold water treatment and distribution operator
certifications. Our O&M experience helps us prepare and review drawings with long-term operations and
maintenance in mind. The facilities we design are easy and affordable to operate and maintain. In some
cases, we have developed solutions that provide operators with greater flexibility than the utility originally
proposed.
We look forward to working on this project and continuing our relationship with City staff. We take no
exception to the Agreement for Professional Services attached to the RFP. We will not substitute out any
personnel identified in this proposal, and we intend to complete this work on an accelerated schedule.
Should you have any questions about our proposal, please feel free to contact me at (408) 595-9019 or at
mhoang@hydroscience.com.
Very truly yours,
HydroScience Engineers, Inc.
Mary Hoang, P.E.
Principal
HydroScience Engineers, Inc.
90 E. Taylor Street, Suite 200
San Jose, CA 95112
408.363.3884
www.hydroscience.com
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 2
The City of Gilroy (City) is seeking professional
design services for six water utility improvement
projects to address existing deficiencies and meet
current and future water demands. Five of the six
projects will replace small diameter distribution
pipelines with upsized ductile iron pipelines meeting
the requirements of the City’s pipeline technical
specifications. Specific project details are presented
below.
• Project 800250 – Casey and Swanston Water
Line Replacement: This project will replace
approximately 2,400 LF of 4 and 6-inch CIP
with 10-inch DIP. This line has experienced
numerous leaks and has reached the end of its
useful life. The upsizing will increase fire flow. It
is desired to have the pavement on Casey Lane
be fully reconstructed, while Swanston Lane was
identified for a grind and overlay.
• Project 800590 – Broadway and Sargent Water
Line Replacement: This project will replace
approximately 1,500 LF of 4 and 6-inch pipeline
with 8-inch pipeline to increase fire flow.
• Project 800600 – Church and Gurries Water
Line Replacement: This project will upgrade
approximately 400 LF of 4-inch pipeline to 6-inch
to increase fire flow.
• Project 800610 – Church Street – Welburn to
First Water Line Replacement: This project would
upgrade approximately 2,000 LF of 6-inch CIP to
8-inch DIP. This existing pipeline has experienced
a large number of failures, and replacement
would increase system reliability.
• Project 800660 – Murray at Burke Water Line
Reroute: Murray Avenue has parallel 4 and
12-inch pipelines. This project would abandon
the 4-inch pipeline, relocate approximately 12
services to the 12-inch pipeline, and interconnect
the 12-inch pipeline to a 6-inch pipeline on Burke
Drive. The relocation of the services will increase
system pressures and fire flow, while facilitating
new construction.
PROJECT UNDERSTANDINGPROJECT UNDERSTANDING11
• Project 800890 – Monterey – Leavesley to
Ronan Water Line Replacement: This project
would replace approximately 2,450 LF of 4-inch
CIP with 12-inch DIP. The pipeline replacement
is required due to both the condition and small
diameter of the existing 4-inch pipeline, which
connects to 12-inch pipelines.
All of the projects would be constructed to comply
with the City’s current technical specifications
and water system standards. These specifications
include pipeline construction per AWWA C104/
ANSI A 21.4 with asphaltic coating per AWWA C151.
Services would also be relocated from the existing
pipeline to the new pipelines and reconstructed per
the City Standard Details. New valves, hydrants, and
fittings as required would be constructed, and the
existing pipeline would be abandoned in place.
The RFP states that where the road above the water
pipelines is in poor condition, the design scope will
include repaving the entire road within the project
limits. The Casey and Swanston Water Line project
specifically identifies the roadway as being in failed
to poor condition. HydroScience will work with the
City to identify which road segments may require
full reconstruction or grind and overlay during the
field assessment and utility locating work, which
will occur during the 35% submittal phase. During
a site walk, we expect that the pavement condition
will be visually assessed, documented, and options
discussed with the City. HydroScience will work
with the City to include pavement restoration in
the scope of work for subsequent submittals as
appropriate. The survey work performed at the
project outset will collect enough information
to allow HydroScience to design pavement
improvements as part of the water project for any
work included in the design scope and fee.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 3
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Design Approach
This $12.3M project will result in the replacement of
approximately 8,750 LF of pipeline at six different
locations in the City. HydroScience regularly assists
clients throughout Northern California to implement
these same types of projects. Based on our project
understanding and experience executing similar
projects, we have pinpointed several key elements
worthy of discussion.
Records Review. At the project outset, we will
gather and review City as-built drawings and existing
CCTV inspection records to identify the existing
improvements and help define the existing utility
occupation in the area. This will help us decide
which facilities need to be replaced, the locations of
services, valves, and hydrants, and how and where
to make utility connections.
Utility Occupation. At the project outset,
HydroScience will contact all known utility providers
in the area to obtain their maps. These will be
plotted on the base maps, and their locations will be
adjusted based on surveyed manhole, valve, and
vault locations. During the 65% Submittal phase,
critical crossing and parallel utilities will be potholed
to confirm their true location and depth. Potholing
will be performed by BESS Testlab, who have
worked with HydroScience in a similar capacity for
dozens of past projects. Finally, HydroScience will
perform a field inspection to confirm valves, vaults,
trench cuts, USA marks, power drops, and other
surface evidence.
Confirm Design Criteria. The City’s 2023 Water
System Master Plan identified minimum pressures
during max day and peak hour, minimum pressure
for new development, maximum velocities, as
well as fire flow and pressure requirements for
different types of land use. During the 35% Submittal
phase, HydroScience will review the Infowater
hydraulic model prepared for the Master Plan,
include the pipeline upsizing at each of the six
locations, and confirm that the proposed pipeline
upsizing approach is appropriate to meet the City’s
pressure and fire flow modeling criteria. The intent
is to confirm that the upsized pipelines meet the
City’s long-term objectives. This verification will be
performed quickly and efficiently by our team of
in-house modeling experts.
Geotechnical. HydroScience proposes a
stepwise approach for conducting a geotechnical
investigation. HydroScience’s geotechnical
subconsultant, Geo-Logic, will first review available
geotechnical information in the area to characterize
the soil conditions anticipated to be encountered
and develop a tailored investigation scope. The
requirements for geotechnical engineering will
depend on the method of pipeline construction,
whether pavement reconstruction may be required,
the depth to groundwater, and the permitting
requirements of external agencies, all of which will
be clarified during the 35% submittal stage.
Geo-Logic will collect and analyze available
geotechnical data and drill bore holes at a
frequency and depth that is suitable for the project
components. Samples that are collected will be
analyzed and tested, and the outcome of the work
will be documented in a Geotechnical Design
Report. Geo-Logic will also test the soil borings to
confirm what type of landfill the soil can be disposed
to.
CEQA Compliance. David J. Powers and
Associates (DJP&A) will work with the City to
determine if the projects are statutorily exempt
under CEQA Guidelines Section 15282, which
includes exemptions for installing new pipelines
or maintenance, repair, restoration, removal, or
demolition of existing pipelines. If the projects are
not statutorily exempt, DJP&A will work with the City
to determine if the projects qualify for a Categorical
Exemption (CE). Examples of these projects include
the replacement and reconstruction of utilities
involving negligible or no capacity expansion.
Documentation of a CE includes preparing an
Archaeological Sensitivity Assessment to determine
the sensitivity of the project area for Native
American or historic era archaeological resources.
If it is determined that none of the exceptions apply,
DJP&A will prepare and file the Notice of Exemption
(NOE).
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HydroScience Engineers 4
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Once confirmed by the City that the project is
statutorily or categorically exempt, DJP&A will
prepare a draft NOE per Section 15062 of the CEQA
Guidelines and submit the NOE to City staff for one
round of review. Upon project approval, DJP&A will
file the NOE at the State Clearinghouse and Santa
Clara County Clerk’s office. The NOE will not require
circulation to the public. Filing the NOE will begin the
35-day statute of limitations on legal challenges to
the City’s decision that the project is exempt.
Stakeholder Coordination. Key stakeholders for
this project include residents, St. Mary’s School, and
businesses on Monterey Highway, Church Street,
Swanston Lane, and Casey Lane. HydroScience
will review existing conditions for these locations
during a site walk, and evaluate facilitating the
operation of these services during construction, and
the sequencing of work to minimize downtime for
each location. The contract documents will identify
allowable work hours and maximum amount of time
that access to any property can be interrupted.
Requirements for critical facilities (for example,
maintaining at least one access to businesses at all
times) will be specified on the drawings.
Minimizing Water Service Interruptions.
HydroScience will design the facilities in such a way
as to minimize downtime during construction and
enhance system operability. During the hydraulic
modeling analysis, HydroScience will evaluate
water main valves that can potentially be isolated
for construction. We will use the model to determine
distribution system impacts. We will provide the City
with a map depicting closed valves and impacted
hydrants so that City staff can exercise the valves to
ensure proper closure prior to construction. If mains
need to be jumped to maintain service, City staff will
know which hydrants can be used.
In addition, the design may specify installation
of the replacement pipeline in parallel with the
existing alignment and hot tapping to connecting
mains if adequate isolation valves are available
on the connecting main. The parallel pipeline
will be equipped with new service connections
that have been pressure tested, disinfected, and
tested negative for total coliform before existing
service laterals are disconnected and the meter
is reconnected to the new service. The existing
alignment would then be abandoned in place
after successful transition to the new pipeline.
Other operational considerations may include
additional valves or service relocation for better
accessibility. Operational features will be developed
in consultation with City staff.
Traffic control. Traffic control measures will be
prepared by HydroScience to allow for a sequence
of work with typical MUTCD traffic control measures
in place, with the Contractor being ultimately
responsible for submitting their traffic control plan to
the City for approval prior to beginning work in the
public right-of-way.
We will locate the pipelines to comply with the
Waterworks separation standards while also
minimizing traffic impacts. The intent would be to
only have to close one lane or shoulder, and to not
locate the pipeline where it would require multiple
lane shutdowns for construction or long-term
operations and maintenance. Work hours will also be
identified for lane closures and specific traffic control
measures.
Operations and Maintenance. HydroScience’s
operations and maintenance expertise will be a key
benefit to the City. Isolation valves, blow-offs, air
relief valves, hydrants, meters, and sampling stations
will be included in our design with consideration
for accessibility, safety, and reliability. As part of our
utility investigation, we will walk the alignment with
City staff to identify appurtenances to include in the
replacement, and discuss optimum placement of
those appurtenances to facilitate operations and
future maintenance. We will document the conditions
of the facilities and take note of areas that may
impact property owners.
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HydroScience Engineers 5
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Caltrans Coordination. A review of the right-of-way
mapping from the Caltrans D4 ArcGIS site shows
that Leavesley Road and First Street (Road 152) are
Caltrans right-of-way. The following projects will
require Caltrans permitting as a result:
• Church and Gurries (at First Street)
• Monterey Highway (at Leavesley)
• Swanston Lane (at Leavesley)
HydroScience will take an “early and often”
approach to managing the schedule and cost risks
associated with Caltrans coordination to avoid
unforeseen issues. A key Caltrans concern is the
potential for subsidence. While Caltrans typically
specifies a fixed review period for encroachment
permit applications, this duration can grow
significantly if Caltrans believes the subsidence
risk is significant enough to warrant review by their
geotechnical division. We will work with Geo-Logic
to address these concerns.
Our approach to preparing plans and specifications
that meet the City’s objects and that Caltrans can
comfortably approve is summarized as follows:
• Incorporate the latest Caltrans standard
specifications and details into the contract
documents. These must be followed exactly to
gain Caltrans approval. We may be required to
specify overgrinding of the trench lift, installation
of fabric between backfill lifts, etc. The trench
overgrinding may trigger additional traffic control
and restriping work.
• Identify the lead Caltrans contact for the project
areas. HydroScience will contact this person
early to outline the scope of the project and get
on the same page with respect to requirements,
anticipated concerns, and optimal timelines.
• Develop a design that minimizes subsidence risk.
Minimize pipe depth and maintain clearances
from other utilities and surface features.
• Submit plans and specifications to Caltrans that
are thorough, complete, and fully compliant with
Caltrans standards.
• Maintain frequent contact throughout the Caltrans
review process to make sure the review is
on-track and answer any questions along the way.
Project Management. As project manager, Robert
Le will be responsible for managing work efforts
for HydroScience and our subconsultants. Robert’s
responsibilities will start with making sure that
the City’s interests are always paramount in our
efforts, that the City is regularly informed of key
project issues and our progress, and that our work
is being completed in accordance with the City’s
expectations, budget, and schedule.
This work will start with Robert leading the project
kickoff meeting and progress review meetings. We
will be meticulous in preparing action item logs,
meeting agendas, and minutes. We will document
our progress and inform the City monthly regarding
our progress on key tasks. At the project outset, we
will complete a Project Management Plan (PMP).
This PMP will identify key project objectives, project
schedule and budget, QA/QC activities, and lines of
communication within HydroScience’s team and with
the City. This will be shared with the project team at
the kickoff meeting, so that all team members work
in concert from the very beginning of the project.
Crucially, HydroScience has a deep bench of
personnel with the type of experience required to
execute this project. We have the resources and
flexibility to add or replace personnel to accelerate
project schedule, and add more resources. Such
decisions would be made in consultation with Mary
Hoang, our Principal-in-Charge for this project and
your secondary point of contact.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 6
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Scope of Work
HydroScience intends to design the six projects as
one set of Contract Documents, but structure the
scope and fee in a manner that allows the costs for
the different locations to be individually tracked.
The following tasks generally apply to each project,
except where noted.
• Task 1 – Project Management
• Task 2 – Preliminary Engineering
• Task 3 – Detailed Design/Bid Package
• Task 4 – Engineering Services During the Bidding
Phase
• Task 5 – Construction Engineering Support
Services
Task 1 – Project Management. HydroScience
will prepare for, coordinate, and facilitate one
kickoff meeting with the City. During the kickoff
meeting, HydroScience will confirm the scope of
work, schedule, budget, and availability of project
documents and electronic files; review project
goals, priorities, and conceptual design requests;
review unique project features, discuss format of
deliverables; review regulatory items, approval
processes, and administrative procedures; and
clarify responsibilities of each party.
HydroScience will provide general project
management activities, including team coordination,
project budget tracking and reporting, managing
subconsultants, invoicing, and maintaining the
project schedule. The project schedule will identify
tasks, subtasks, design development milestones,
critical path designation, and progress meetings.
HydroScience will prepare for, coordinate, and
facilitate the design review workshops at the 35%,
65%, 95%, and Bid Package level of design. The
intent of the workshops is to help facilitate the
City’s review of the design progress. Following the
workshops, City will provide a set of consolidated
review comments to HydroScience. HydroScience
will maintain a tracking log of comments and
outstanding items, which will be returned to the City
with responses/action taken.
A peer review of the plans will occur at the 95%
stage. This peer review will be performed by
Eric Petrel, who has over 36 years of experience
designing pipelines all over California. Eric will
review the plans and prepare the Certification
of Peer Review on HydroScience Letterhead for
submittal with the 95% Submittal.
Deliverables
• Project schedule in Gantt chart format (Microsoft
Project)
• Monthly progress reports included with each
invoice
• Response to comments (PDF/Excel)
• Peer Review Submittal (PDF)
• Meeting agendas and minutes (PDF)
Task 2 – Preliminary Engineering. Under this task,
HydroScience will gather and evaluate existing
design documents for the existing infrastructure,
including but not limited to: easements, design
documents, AutoCAD files, City as-builts/record
drawings, and available utility maps. Details of this
task include the following.
Site Walk. HydroScience will conduct an initial
walkthrough along the project sites to determine
the accuracy of existing connection points identified
from existing documents, document the existing
visible infrastructure, and note where existing
road pavement within Project limits is in poor
condition. Locations of existing valves, services,
and appurtenances will be noted, and potential
alignments for the replacement pipeline identified.
A Request for Information (RFI) will be prepared
and submitted to the City to verify if replacement of
infrastructure is desired and should be added to the
Project scope.
Topographic field survey/Record Boundary
Mapping. Our subconsultant, HMH, will provide
topographic surveying and mapping to support the
design of the Project. After setting up survey control
for the projects, HMH will perform field topographic
surveying to obtain the following information for the
project extents and up to 300 feet beyond:
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HydroScience Engineers 7
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
• Location, rim, invert, pipe size, and direction of
flow of accessible SSMH, SDMH, and drop inlets.
• Surface features from back of walk to back of
walk, including utility vaults, boxes, hydrants, and
valves.
• Water valves will be located and the rim and top
of nut surveyed to determine depth to top of pipe.
• Street monuments and trees.
• USA marked utilities.
The information will be used to develop a 3D TIN
surface with contours. This topographic survey will
form the basis for the work associated with Task 3.
A Record Boundary Survey will also be prepared
by HMH. Using Assessor’s Parcel Maps, recorded
maps, and publicly available maps from the County
of Santa Clara, HMH will prepare the record
boundary survey showing the right-of-way lines
and property lines shown on County records.
Title reports are not expected to be required, and
information on Title Reports will be included if
provided by the City.
Utility Locating. HydroScience will send utility
research/as-built plans request letters to local utility
companies that may have facilities within the project
limits. A map of the approximate utility locations
(including underground utilities) will be created
based on data provided by the utility companies
and surface utility features as identified during the
topographic survey. When the existing data allows,
the drawing will indicate utility type, diameter,
material, approximate cover, and the horizontal
location of the utility. HydroScience will review
utility information provided by the City and other
utility providers. If information provided by the utility
providers does not match information collected
during the site walk and information in the previous
design drawings, HydroScience will identify potential
candidates for utility potholing.
Potholing. This is an optional task based on
the ultimate needs of the project and the
recommendations of the City.
BESS Testlab will perform up to 10 utility potholes
using air-vacuum excavation methods at locations
specified by HydroScience within the Project limits.
Potholing will be performed to identify the precise
horizontal and vertical position of existing utilities
that need to be located to complete the pipeline
design. Data collected as a result of potholing
activities will be presented in a report that will
include utility type, size, material, depth and pictures
of the exposed utility. Pothole locations (in the field)
will be marked with wooden lath and ribbon, with the
pothole number, utility size and depth or MAG nail
with pertinent utility data annotated on the ground
surface.
Potholing will require a Road Encroachment Permit
from the City, which is assumed to be provided for
no cost to BESS Testlab. Once the utility data has
been collected the pothole will be restored per City
standard details. BESS will prepare a Traffic Control
Plan that is stamped and signed by a P.E. or T.E. for
the potholing work.
Geotechnical. This is an optional task based
on the ultimate needs of the project and the
recommendations of the City.
Geo-Logic will perform a geotechnical study for the
project sites. The geotechnical study will include
subsurface exploration at selected locations,
performing engineering analysis of data, developing
geotechnical recommendations for the project
design, and analytical testing of selected soil
samples (up to 10) that may be disposed during
construction for hazardous material. The analytical
testing will include testing for CAM 17 metals, total
hydrocarbons, VOC (8260B), and pesticides.
Geo-Logic will perform a site reconnaissance to
observe surface site conditions, plan and perform
up to 18 exploratory borings by means of a tract
or truck-mounted drilling rig to a depth of 10 feet
below ground surface, prepare traffic control plans,
and obtain an encroachment permit from the City
for planned borings. Soil sampling and penetration
testing will be performed at about 5-foot intervals.
Laboratory testing of soil samples will include natural
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HydroScience Engineers 8
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
moisture content and unit weight, Atterberg Limits,
unconfined compressive strength, percent passing
a No. 200 sieve, and sieve analysis. Borings will
be backfilled with cement grout, and in existing
pavement areas the borings will be capped at the
top with cold-patch asphalt or cement with black
dye.
CEQA Compliance. DJP&A will initially determine
if the projects are statutorily exempt from the
provisions of CEQA. If it is determined the projects
are statutorily exempt, DJP&A will prepare a
memorandum supporting the use of a Statutory
Exemption and the draft Notice of Exemption(s)
(NOE).
If the project do not qualify for a Statutory Exemption
DJP&A would determine if the projects qualify
for a Categorical Exemption. A key consideration
in determining if the projects are categorically
exempt is whether the projects result in negligible
or no expansion of capacity. DJP&A would work
with the City and HydroScience to demonstrate
that the projects would have negligible or no
expansion of capacity. If it is determined the projects
are categorically exempt, DJP&A will prepare a
memorandum supporting the use of a CE and the
draft NOE(s).
DJP&A will prepare a memorandum documenting
why the project is eligible for a SE or CE. Upon
completion of the administrative draft memorandum,
DJP&A will provide an electronic copy in Microsoft
Word for the City’s review. At this point, if it is
determined that none of the exceptions apply,
DJP&A will prepare and file a NOE(s), as described
below.
Once confirmed by the City that the project is
statutorily or categorically exempt, DJP&A will
prepare a draft NOE(s) and submit the NOE(s) to City
staff for review. Upon project approval, DJP&A will
file the NOE(s) at the State Clearinghouse and Santa
Clara County Clerk’s office and pay the $50 filing
fee on behalf of the City. The NOE(s) will not require
circulation to the public. Filing the NOE(s) will begin
the 35-day statute of limitations on legal challenges
to the City’s decision that the project is exempt.
Deliverables
• Geotechnical Investigation (Draft and Final) –
Optional
• Utility Potholing Report CEQA Exemption
memorandum Notice of Exemption
Assumptions
• Borings are located within City right-of-way and
will be completed during the daytime.
• Disposal of excess soil cuttings from borings will
be placed in 55-gallon drums and disposed of.
Disposal of hazardous materials is not included in
this task.
• No-fee encroachment permits for surveying,
geotechnical, and utility locating will be issued by
the City for this task.
• Title reports are excluded, and Right-of-way
acquisition is not necessary.
Task 3 – Detailed Design/Bid Package. The detailed
design will include three interim submittals and the
stamped and final Bid Package. The scope of work
for each submittal is as follows:
35% Submittal. This submittal will include the
topographic survey, utility information collected from
the utilities, the visual observations collected during
the site walk, the right-of-way limits and boundaries
from the record boundary survey, and the proposed
plan location and tie-in locations for the new
pipeline. Valves will also be preliminarily located, and
preliminary details and references to City standards
included as appropriate. Where utility information
may be lacking or require verification, proposed
pothole locations will be identified.
Additional components of the 35% Submittal
will include a table of contents for technical
specifications and a construction cost estimate
based on the likely bid items for each project
segment. Where required, a list of expected permits
will be identified.
65% Submittal. Comments on the 35% Submittal
will be reviewed and the responses incorporated
into the 65% Submittal. The 65% Submittal will
also include construction details, a water service
schedule, pipeline connection details, erosion
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 9
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
control plans, traffic control, and a service
connection map. An updated estimate of probable
construction costs, as well as a draft of the technical
and special provisions will be prepared.
95% Submittal. Comments on the 65% Submittal
will be reviewed and the responses incorporated
into the 95% Submittal. The 95% Submittal will
also include all of the elements required to have
a complete set of contract documents suitable
for advertisement, pending final City review. The
submittal will be peer reviewed per the scope in
Task 1, and will include front end specifications,
including the City’s agreement, using the City’s
standard front-end specifications. An updated
estimate of probable construction costs, as well as a
draft of the technical and special provisions will be
prepared.
The 95% Submittal will be used to submit to Caltrans
for permit review and approval. The portions
going to Caltrans will be stamped and formatted in
accordance with their requirements. The City will be
responsible for any permit fees Caltrans requires for
their review and permitting of the project.
Bid Package. The Bid Package will incorporate all
comments on the 95% Submittal, and be a stamped
set of contract documents that are suitable for
advertisement.
Deliverables
• 35% Submittal, PDF/Word/Excel
• Response to Comments, 35%, 65%, 95%, Excel
• 65% Submittal, PDF/Word/Excel
• 95% Submittal, PDF/Word/Excel
• Caltrans Permit Application (PDF)
• Bid Package, one full size and PDF set of
stamped plans (bond), one hard copy and
electronic set of the specifications (Word/PDF),
and estimate (Excel/PDF)
Assumptions
• City will pay any costs for the Caltrans Permit
Application
Task 4 – Engineering Services During the Bidding
Phase. HydroScience will assist the City during
bid solicitation and bid phase services as needed
and requested up to the allowance outlined in the
proposed budget. Services may include:
• Response to prospective bidder inquiries during
the bidding period
• Preparation of up to two addenda
• Attending the pre-bid meeting
• Review and evaluation of bids
• Preparing conformed contract document package
that incorporates all addenda to issue for bid
award
Deliverables
• Responses to inquiries and addenda in PDF
format
Assumptions
• The City is responsible for bid advertisement and
any costs associated with advertisement
• The City is responsible for preparing for,
coordinating, and hosting pre-bid meetings
• Addenda prepared during bidding will be based
on relatively minor comments or clarification
to the design, not requiring significant design
revisions
Task 5 – Construction Engineering Support
Services. HydroScience will provide engineering
support services in support of the City’s
Construction Management efforts. It is expected
that HydroScience will provide engineering services
during construction up to the proposed budget.
Services may include the following:
• Attend an internal handoff meeting from
the design team to the City’s construction
management team. HydroScience will brief the
City on key issues, permit requirements, possible
construction risks, construction sequencing, or
other items of concern.
• HydroScience will attend selected construction
meetings as directed by the City. We have
assumed attending one pre-construction meeting
and up to five on-site construction progress
meetings.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 10
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
• HydroScience will respond to up to 20 RFIs
generated by the Contractor. RFI reviews will
be provided in the same format as the RFI was
submitted.
• We expect that the City will require HydroScience
to review up to 20 separate submittals, and their
corresponding resubmittals. Submittal reviews will
be returned to the City in the format utilized by
the construction manager. It is expected that any
potential product substitutions will be included in
submittals from the Contractor.
• HydroScience will prepare a final punch list
of incomplete and/or unacceptable items of
construction work for the City’s review and
approval. HydroScience will attend a final close-
out walk through with the City when all punch list
items have been corrected by the Contractor.
• Prepare Record Drawings. Based on red-lines
developed and provided by the Contractor,
HydroScience will prepare Record Drawings and
provide the AutoCAD and PDF drawings to the
City.
Deliverables:
• Responses to RFIs, submittals, and potential
change orders, using the cloud based software
provided by the City’s Construction Manager
• Punch List, Excel
• Record Drawings, AutoCAD and PDF
Assumptions
• City to provide Construction Management
services. HydroScience is not responsible for
providing construction quality control testing.
• City to prepare for and run all construction
meetings.
Schedule
The anticipated project schedule is on the following
page. This project schedule was developed based
on the scope, submittals, and project elements
identified in the RFP. Among the schedule
assumptions are the following:
• Notice to Proceed. We have assumed that NTP
will be issued to HydroScience on February 26,
2024.
• Project confirmation. As a first phase of work,
HydroScience will walk the site with City staff,
initiate surveying, and begin utility mapping
and conceptual layout of the new pipelines and
appurtenances.
• 35% Submittal. This initial submittal include all
mapped utility information, a plan view of the
alignment, and identify potential permitting or
utility conflicts. Based on the 35% Submittal,
potholing needs will be identified and then
scheduled to occur during the 65% Submittal
stage. The 35% Submittal will also be used to
define the project for the purposes of CEQA.
• Utility Potholing. Following the 35% Submittal, we
will initiate potholing at locations identified as part
of the 35% Submittal.
• CEQA. CEQA work will be initiated following the
35% Submittal. We expect that the projects will
require a NOE, and have based our schedule
assumptions on that level of environmental
documentation. Should a MND be required,
we have enough float in our schedule to
accommodate that change without causing a
project delay.
• Geotechnical. We have assumed that the
geotechnical work will occur in locations where
it is required for the purpose of design. Based
on the proposed type of construction for each
project design, we will identify whether borings
are required to complete that design, and initiate
work during summer 2024 for this effort.
• Design period. We have assumed that the overall
design period, including Caltrans permitting,
will be approximately 13 months. This period
includes four submittals, with three weeks for
the City to review each submittal. Additionally,
we have allowed 60 days for Caltrans to review
the stamped plans, and then to issue the
encroachment permit.
Bidding period. We have assumed three months for
bidding, contracting, and project award.
• Construction period. We assumed that the
total construction schedule will require about
nine months to construct. This will result in
construction completion during March 2026.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
-1- 4845-6718-3385v1
LAC\04706083
EXHIBIT “C”
MILESTONE SCHEDULE
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers11PROJECT SCHEDULE PROJECT SCHEDULE 22ID Task NameDurationStartFinish0Engineering Services for the Water Utility Improvement Design Project No. 24-RFP-PW-497538 daysMon 2/26/24Wed 3/18/261Project Administration and Coordination538 daysMon 2/26/24Wed 3/18/262Notice to Proceed0 daysMon 2/26/24Mon 2/26/243Project Administration and Coordination538 daysMon 2/26/24Wed 3/18/264Kickoff Meeting1 dayMon 3/4/24Mon 3/4/245Preliminary Engineering73 daysMon 3/11/24Thu 6/20/246Site Walk0 daysMon 3/11/24Mon 3/11/247Obtain Encroachment Permit for Surveying5 daysTue 3/12/24Mon 3/18/248Topographic Survey and Utility Mapping25 daysTue 3/19/24Mon 4/22/249Utility Potholing15 daysFri 5/31/24Thu 6/20/2410Detailed Design/Bid Package264 daysTue 3/12/24Fri 3/14/2511Geotechnical Engineering45 daysFri 6/7/24Thu 8/8/2416Hydraulic Modeling6 daysWed 3/13/24Wed 3/20/241735% Design58 daysTue 3/12/24Thu 5/30/2418Develop 35% Submittal40 daysTue 3/12/24Mon 5/6/2419City Review of 35% Submittal15 daysTue 5/7/24Mon 5/27/242035% Design Review Workshop0 daysThu 5/30/24Thu 5/30/2421CEQA Notice of Exemption40 daysFri 5/31/24Thu 7/25/2422Administrative Draft of NOE15 daysFri 5/31/24Thu 6/20/2423Final Draft of NOE & Public Notice5 daysFri 7/19/24Thu 7/25/242465% Design48 daysFri 7/26/24Tue 10/1/2425Develop 65% Submittal30 daysFri 7/26/24Thu 9/5/2426City Review of 65% Submittal15 daysFri 9/6/24Thu 9/26/242765% Design Review Workshop0 daysTue 10/1/24Tue 10/1/242895% Design108 daysWed 10/2/24Fri 2/28/2529Develop 95% Submittal30 daysWed 10/2/24Tue 11/12/2430Caltrans Encroachment Permit Application (Construction60 daysWed 11/13/24Tue 2/4/2531City Review of 95% Submittal15 daysWed 2/5/25Tue 2/25/253295% Design Review Workshop0 daysFri 2/28/25Fri 2/28/2533Develop Bid Set10 daysMon 3/3/25Fri 3/14/2534Engineering Services During Bidding58 daysMon 3/24/25Wed 6/11/2535Advertise Project30 daysMon 3/24/25Fri 5/2/2536Attend Pre-Bid0 daysThu 4/10/25Thu 4/10/2537Bid Opening0 daysFri 5/2/25Fri 5/2/2538Notice of Intent to Award0 daysFri 5/16/25Fri 5/16/2539Council Package and Approval25 daysMon 5/5/25Fri 6/6/2540Prepare Conformed Drawings15 daysMon 5/5/25Fri 5/23/2541Construction Notice to Proceed0 daysWed 6/11/25Wed 6/11/2542Construction Engineering Support Services200 daysThu 6/12/25Wed 3/18/26Notice to Proceed 2/263/18Kickoff Meeting 3/4Site Walk 3/113/184/226/203/205/65/2735% Design Review Workshop 5/306/207/259/59/2665% Design Review Workshop 10/111/122/42/2595% Design Review Workshop 2/283/145/2Attend Pre-Bid 4/10Bid Opening 5/2Notice of Intent to Award 5/166/65/23Construction Notice to Proceed 6/113/18NovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarApr20242025Engineering Services for the Water Utility Improvement Design - Project No. 24-RFP-PW-497DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
-1- 4845-6718-3385v1
LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497HydroScience Engineers1Fee Proposal for Engineering Services for Water Utility Improvement Design, Project No. 24-RFP-PW-497 January 12, 2024Task DescriptionMary HoangPrincipal-in-ChargeEric PetrelPeer ReviewRobert LeProject ManagerWilson ZhuProject EngineerAngela SingerPermittingJonathan MachorroHydraulic ModelingStaff EngineerCAD ManagerLabor HoursFeeHMHSurveyingGeo-LogicGeotechnicalDJP&ACEQA ComplianceBESS TestlabUtility LocatingDirect CostsDirect ChargesMarkupExpenseSubtotal Total FeePhase TotalsHourly billing rate$305 $292 $242 $242 $280 $242 $187 $1601Project Management$27,860Project Management1240 60112$27,860$0$0 $27,8602Preliminary Engineering$167,192Site Walk/Review Existing Data16 162456$12,232$500 $0$500 $12,732Topographic/Record Survey2 4814$2,732$78,600$7,860$86,460 $89,192Utility Mapping41240 40 96$17,752$0$0 $17,752CEQA Compliance16 122048$10,516$37,000$0$37,000 $47,5163Detailed Design/Bid Package$379,17635% Submittal8 496 14020 60 124 452$96,620$0$0 $96,62065% Submittal8 8120 160880 116 500$108,296$0$0 $108,29695% Submittal816 124 120 4896 100 512$113,552$1,000 $0$1,000 $114,552Bid Package4 440 60 1280 80 280$57,708$2,000 $0$2,000 $59,7084Engineering Services During Bidding$17,544Engineering Services During Bidding14 3612 20 82$17,544$0$0 $17,5445Construction Engineering Support Services$104,782Initial/Consturction Meetings24 2448$11,616$600 $0$600 $12,216RFIs16 60884$19,888$0$0 $19,888Submittals20 7212104$24,508$0$0 $24,508Change Orders12 30850$11,660$0$0 $11,660Punch List/Close Out20 201050$11,550$300 $0$300 $11,850Record Drawings4 864 76$13,144$1,000 $0$1,000 $14,144Project Coordination8202048$10,516$0$0 $10,516TOTAL - Base Services Tasks40 32 576 854 68 20 470 552 2612 $567,694 $78,600 $0 $37,000 $0 $5,400 $7,860 $128,860$696,554TOTAL - Optional Tasks$146,236Utility Locating$43,430$0$43,430 $43,430Geotechnical$93,460$9,346$102,806 $102,806OVERALL TOTAL$842,790Note:The percentage of the total cost assigned to individual projects was estimated, since the work will be performed as one project by both HydroScience staff and its subconsultants. The approximate fee percentage for each individual project is as follows28%800250: Casey and Swanston16%800590: Broadway and Sargent6%800600: Church and Gurries18%800610: Church - Welburn to First4%800660: Murray at Burke28%800890: Monterey - Leavesley to RonanJanuary 12, 2024Fee Proposal for Engineering Services for Water Utility Improvement Design, Project No. 24-RFP-PW-497DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 2
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
LABOR CLASSIFICATION HOURLY RATE
Principal $305
Engineer IX $292
Engineer VIII $280
Engineer VII $265
Engineer VI $253
Engineer V $242
Engineer IV $231
Engineer III $215
Engineer II $204
Engineer I $187
Engineering Aide $110
Construction Professional VI $200
Construction Professional V $190
Construction Professional IV $180
Construction Professional III $170
Construction Professional II $150
Construction Professional I $140
Cross Connection Control Specialist $135
CAD Manager $160
CAD Designer I $140
Marketing Professional $120
Administrative II $110
Administrative $95
HYDROSCIENCE ENGINEERS, INC.
2024 Standard Schedule of Billing Rates
Rates are subject to increase 3% annually
Hourly billing rates include postage and telephone charges that
are normal to the work authorized. Other direct costs for travel,
reproduction, mail service, outside services, etc. will be invoiced
at 110 percent of the actual cost. Rates for expert witness services
shall be billed at the quoted rates plus $50/hour.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 3
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Schedule 2024 NorCal Effective Through 12/31/2024
2024 FEE SCHEDULE
PROFESSIONAL STAFF
Staff Professional I ....................................................................................................... $1 38.00/Hour
Staff Professional II ........................................................................................................ 153.00/Hour
Staff Professional III ....................................................................................................... 168.00/Hour
Project Professional I ..................................................................................................... 18 4.00/Hour
Project Professional II .................................................................................................... 20 0.00/Hour
Project Professional III ................................................................................................... 21 6.00/Hour
Senior Professional I ...................................................................................................... 22 4.00/Hour
Senior Professional II ..................................................................................................... 23 9.00/Hour
Senior Professional III .................................................................................................... 25 5.00/Hour
Principal Professional I .................................................................................................. 270 .00/Hour
Principal Professional II ................................................................................................. 289 .00/Hour
Principal Professional III ................................................................................................ 308 .00/Hour
Court Appearance (Expert Witness, Deposition, etc.; four-hour minimum) ............. 2 x HourlyRate
FIELD/LABORATORY STAFF
Technician I ...................................................................................................................... 97.00/Hour
Technician II ................................................................................................................... 117.00/Hour
Technician III (or Minimum Prevailing Wage) ............................................................... 132.00/Hour
Technician IV ................................................................................................................. 146.00/Hour
Laboratory Manager ...................................................................................................... 176.0 0/Hour
Principal Technician ....................................................................................................... 19 7.00/Hour
Managing Technician ..................................................................................................... 211.0 0/Hour
CADD/GIS
CADD/GIS/Database Manager I ..................................................................................... 117.00/Hour
CADD/GIS/Database Manager II .................................................................................... 138.00/Hour
CADD Designer .............................................................................................................. 15 3.00/Hour
GIS Specialist .................................................................................................................. 153.00/Hour
SUPPORT STAFF
Administrative Assistant I .............................................................................................. 117.0 0/Hour
Administrative Assistant II ............................................................................................. 132.0 0/Hour
Administrative Assistant III ............................................................................................ 135.0 0/Hour
Technical Editor ............................................................................................................. 109.00/Hour
Senior Technical Editor .................................................................................................. 153.00/Hour
*Overtime Premium is 35% of PERSONNEL CHARGE
EQUIPMENT CHARGES
BAT Permeameter ........................................................................................................... 200 .00/Day
Compaction Testing Equipment & Supplies ...................................................................... 50.00/Day
Peel & Shear Strength Apparatus (FML Seams) ......................................................... 900.00/Month
Portable Laboratory (8’ x 32’ trailer) with equipment ................................................. 1,200/Month
Portable Laboratory (mobilization / demobilization) ...........................................................1,500.00
ReMi/Refraction Seismograph ........................................................................................ 600.00/Day
Sealed Single Ring Infiltrometer (SSRI) ............................................... 200.00/Day or 750.00/Month
Sealed Double Ring Infiltrometer (SDRI) ..................................................................... Call for Quote
Slope Inclinometer .......................................................................................................... 2 50.00/Day
Unmanned Aerial Vehicle (Drone) Reconnaissance ........................................................ 250.00/Day
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 4
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Schedule 2024 NorCal Effective Through 12/31/2024
EXPENSES
Vehicle Use for Field Services ............................................................... 17.00/Hour or 500.00/week
Soil Sampling Equipment & Drilling Supplies ..................................................................... 7.00/Hour
Groundwater Sampling Equipment and Supplies ............................................................ 17.00/Hour
Per Diem ............................................................. Le sser of (Cost +15%) or (Local Government Rate)
Outside Services (Consultants, Surveys, Chemical lab Tests, etc.) ................................... Cost + 15%
Reimbursables (Maps, Photos, Permits, Expendable Supplies, etc.)................................ Cost + 15%
Outside Equipment (Drill Rig, Backhoe, Monitoring Equipment, etc.) ............................................ Cost + 15%
PERMITS, FEES AND BONDS
The costs of all permits, fees, and performance bonds required by government agencies are to be paid by
the Client, unless stated otherwise in an accompanying proposal.
INSURANCE
Geo-Logic Associates, Inc. carries workers' compensation, comprehensive general liability and automobile
with policy limits normally acceptable to most clients. The cost for this insurance is covered by the fees
listed in this schedule. Cost of any special insurance required by the Client, including increases in policy
limits, adding additional insured parties and waivers of subrogation, are charged at cost plus 15%. Unless
otherwise stated, such charges are in addition to the estimated or maximum charges stated in any
accompanying proposal.
TERMS
Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Past due
accounts are subject to a finance charge of one and one-half percent (1-1/2%) per month, or the
maximum rate allowed by law.
PROPOSAL PERIOD
Unless otherwise stated, a proposal accompanying this schedule is effective for sixty (60) days. If
authorization to proceed is not received within this period, Geo-Logic Associates, Inc. reserves the right to
renegotiate the fee.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 5
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Schedule 2024 NorCal Effective Through 12/31/2024
2024 FEE SCHEDULE
TEST NAME TEST METHOD UNIT RATE
Geotechnical / Physical Properties
Moisture Content, gravimetric .................................................................D2216/AASHTO T265 ....... $26/Test
Moisture Content (volumetric and gravimetric) and Bulk Density ..........D2216/D7263 ................... $60/Test
Porosity ............................................................................................................................................... $60/Test
Particle Size Analyses
Standard Sieves and Hydrometer ........................................................D422 ............................... $225/Test
Standard Sieves; no Hydrometer .........................................................D422 ............................... $180/Test
Particle Size Analysis – Aggregate, no hydrometer .............................D422/C136/CT202 .......... $180/Test
Particle Size Analysis with Gravel with hydrometer ............................D422 ............................... $230/Test
Percent Passing #200 Sieve ..................................................................D1140/C117 ..................... $90/Test
Particle Size Analysis, #4, #40, #200 with wash ............................................................................. $70/Test
Atterberg Limits
Liquid Limit, Plastic Limit, Plasticity Index (LL, PL, and PI) ...................D4318 ............................. $170/Test
Wet preparation, add .................................................................................................................... $55/Test
USCS Classification (included with sieve and Atterberg Limits) ...............D2487 ............................. $350/Test
Specific Gravity,Fine (<4.75mm diameter materials) ...............................D854 ............................... $115/Test
Specific Gravity,Coarse (>4.75mm diameter materials) ...........................C127 ............................... $125/Test
Dispersion Testing
Double Hydrometer (add second hydrometer) ...................................D4221 ............................. $150/Test
Proctor Compaction Test
Method A or B (<25% retained on a 3/8” sieve) ..................................D698/D1557 ................... $250/Test
Method C (>25% retained on a 3/8” sieve) .........................................D698/D 1557 ................... $265/Test
Moisture Density Single Point, std/mod (Proctor check point) ...........D698/D1557 .................. $125/Point
Percent Organic Matter by Muffle Furnace .............................................D2974 ............................. $105/Test
Permeability / Conductivity Testing
Hydraulic Conductivity, Fixed Wall
up to 8” Diameter Cell .........................................................................D5856/USBR 5600-89 .... $380/Test
up to 12” Diameter Cell .......................................................................D5856/USBR 5600-89 .... $540/Test
Extra Load per Test ..................................................................................................................... $140/Load
Hydraulic Conductivity, Flexible Wall
Falling Head, Rising Tail, 1” to 4” Diameter Sample ............................D5084 ............................. $370/Test
Falling Head, Rising Tail, 6” Diameter Sample .....................................D5084 ............................. $665/Test
High Pressure (<1200 psi) per sample, add ................................................................................... $65/Test
Ksat with other permeant fluid, long term ..........................................D7100 .......................... $5,00 0/Test
Added machine time per day .............................................................................................................. $80/Day
Intrinsic Permeability (Calculation) ..........................................................Fetter .............................. No Charge
Strength and Consolidation Testing
Consolidation Testing
Consolidation Test – Method A ...........................................................D2435A ........................... $460/Test
Consolidation Test – Method B ............................................................D2435B ........................... $560/Test
Consolidation Test (single point) .........................................................D2435 ............................. $125/Test
Consolidation Test (without rate data) ................................................D2435 ............................. $190/Test
Test rate data per load increment .......................................................D2435 ...................... $90/Test-Load
Consolidate Test (multiple points and time rates) ..............................D2435 ............................. $465/Test
Strength Testing
Unconfined Compressive Strength (UC), 2-3” .....................................D2166 ............................. $110/Test
Unconfined Compressive Strength (UC), 4 or 6” .................................D2166 ............................. $150/Test
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 6
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Schedule 2024 NorCal Effective Through 12/31/2024
Strength and Consolidation Testing, Continued
Triaxial Compression
Unconsol.-Undrained Triax. Compression (UU), 2-3”, 1-pt test ..........D2850 ............................. $215/Test
Unconsol.-Undrained Triax. Compression (UU), 4”, 1-pt test ..............D2850 ............................. $255/Test
Unconsol.-Undrained Triax. Compression (UU), 6”, 1-pt test ..............D2850 ............................. $450/Test
Consolidated Undrained Triax. Compression (CU), 2-3” (3 pt. test) ....D4767 .......................... $1,500/Test
Consolidated Undrained Triax. Compression (CU), 2-3” (per point) ...D4767 ............................ $500/Point
Consolidated Undrained Triax. Compression (CU), 4” (3 pt. test) .......D4767 .......................... $1,665/Test
Consolidated Undrained Triax. Compression (CU), 4” (per point) .......D4767 ............................ $555/Point
Consolidated Undrained Triax. Compression (CU), 6” (3 pt. test) .......D4767 .......................... $3,015/Test
Consolidated Undrained Triax. Compression (CU), 6” (per point) .......D4767 .........................$1,055/Point
CU – add per point for progressive (staged) test ........................................................................ $315/Point
Consolidated Drained Triax. Compression (CD), 2-3” (3 pt. test) ........D7181 .......................... $1,890/Test
Consolidated Drained Triax. Compression (CD), 2-3” (per point) ........D7181 ............................ $630/Point
Consolidated Drained Triax. Compression (CD), 4” (3 pt. test) ...........D7181 .......................... $2,115/Test
Consolidated Drained Triax. Compression (CD), 4” (per point) ...........D7181 ............................ $705/Point
Consolidated Drained Triax. Compression (CD), 6” (3 pt. test) ...........D7181 .......................... $3,300/Test
Consolidated Drained Triax. Compression (CD), 6” (per point) ...........D7181 .........................$1,100/Point
High Pressure (>120 psi), add ....................................................................................................... $80/Point
Direct Shear
Direct Shear, 2.5” (3 pt. test) ...............................................................D3080 ............................. $615/Test
Direct Shear, 2.5” (per point) ...............................................................D3080 ............................ $205/Point
Additional Cycles (per load) .................................................................D3080 .............................. $55/Load
Direct Shear, 12” (3 pt. test) ................................................................D3080 .......................... $1,155/Test
Direct Shear, 12” (per point) ................................................................D3080 ............................ $385/Point
California Bearing Ratio (per point) ..........................................................D1883 ............................ $350/Point
Added machine time when > 2 days of shear ..................................................................................... $80/Day
Aggregate and Rock Testing
Dry Rodded Unit Weight ..........................................................................C29 ................................... $90/Test
Rock Density .............................................................................................D7263 ............................... $60/Test
Saturated Hydraulic Conductivity .............................................................D5084 ............................. $370/Test
Rock Point Load Index, 1-break ................................................................D5731 ............................... $55/Test
Rock Point Load Index, multiple breaks ...................................................D5731 ............................. $210/Test
Rock Joint Direct Shear, per point ............................................................D5607 ............................ $290/Point
Rock Joint Direct Shear, add per load ......................................................D5607 ............................ $105/Load
Uniaxial Strength, Peak Only ....................................................................D7012 ............................. $145/Test
Geosynthetics Testing
Large Scale Direct Shear
Geosynthetic/Geosynthetic, 3-point test ............................................D5321 ............................. $7 50/Test
Geosynthetic/Geosynthetic, per point ................................................D5321 ............................. $250/Test
Soil/Geosynthetic, 3-point test ............................................................D5321 .......................... $1,005/Test
Soil/Geosynthetic, per point ................................................................D5321 ............................. $335/Test
Geosynthetic Clay Liner (GCL), 3-point test .........................................D6243 .......................... $1,0 65/Test
Geosynthetic Clay Liner (GCL), per point .............................................D6243 ............................. $355/Test
Soil/GCL, 3-point test ...........................................................................D6243 .......................... $1,005/Test
Soil/GCL, per point ...............................................................................D6243 ............................. $335/Test
Sandwich (multiple layers), 3-point test ................................................................................... $1,410/Test
Sandwich (multiple layers), per point ......................................................................................... $470/Point
Large Scale Puncture
Large Scale Puncture, modified ...........................................................D5514 ............................. $465/Test
Puncture Test High Pressure (>120 psi), per point ....................................................................... $95/Point
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 7
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Schedule 2024 NorCal Effective Through 12/31/2024
Soil with Amendments and Slurry Testing
Slurry Wall Soil/Bentonite Saturated Hydraulic Conductivity, Falling Head, Rising Tail
1-100 samples ......................................................................................D5084 ............................. $325/Test
101-200 samples ..................................................................................D5084 ............................. $315/Test
201-300 samples ..................................................................................D5084 ............................. $305/Test
301-400 samples ..................................................................................D5084 ............................. $294/Test
Greater than 400 samples ...................................................................D5084 ............................. $290/Test
Soi/Cement/Bentonite, Unconfined Compressive (UC) Strength ............D4832 ............................... $28/Test
Soil / Bentonite Mix Evaluation ........................................................................................................ $325/Test
Soil / Cement / Bentonite Mix Evaluation ........................................................................................ $430/Test
Pocket Penetrometer ......................................................................................................................... $20/Test
Soil Chemistry
pH of Soil ............................................................................................................................................ $25/Test
All test methods are ASTM unless otherwise noted.
Special sample preparation and laboratory testing not listed above will be charged at applicable
personnel rates.
All laboratory test rates are for standard turn-around time and normal reporting procedures. Rush orders
will be subject to a 50 percent premium. Manpower requirements or test protocol may preclude the
granting of a rush request.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 8
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
CHARGE RATE SCHEDULE
Professional & Office
Per Hour
Principal
Senior Land Development Manager
$270
$254
Senior Civil Engineering or Land Surveying or Landscape Architect Manager $245
Land Development Manager $218
Civil Engineering, Land Surveying or Landscape Architect Manager $214
Senior Planner $234
Senior Civil Engineer, Land Surveyor, or Landscape Architect $198
Engineering Design Specialist $190
Design Specialist $176
Project Planner $212
Project Civil Engineer, Land Surveyor, or Landscape Architect $182
Project Arborist $170
Senior Engineer, Surveyor, or Landscape Designer $186
Engineer, Planner, Surveyor, or Landscape Designer $174
Assistant Engineer, Surveyor, Planner, or Landscape Designer $154
Junior Engineer, Surveyor, Planner, or Landscape Designer $144
Senior Technician $156
Project Technician $144
Technician $134
Assistant Technician $124
Junior Technician $102
Intern $ 96
Project Support Staff $ 96
Field Services
Per Hour
2-Person Field Crew $290
3-Person Field Crew $380
1-Person Field Crew $202
Senior Field Engineer $192
Field Engineer $168
Printing, Reproductions & Materials at Cost, Plus 20%
Transportation at Cost, including mileage based upon IRS rates
Other Outside Services at Cost, Plus 20%
Rates are subject to Adjustment July 1, 2024
DRS
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 9
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
CHARGE RATE SCHEDULE1
Title Hourly Rate
Senior Principal $ 340.00
Principal Project Manager $ 313.00
Senior Environmental Specialist $ 266.00
Senior Project Manager $ 244.00
Environmental Specialist $ 228.00
Project Manager $ 217.00
Associate Project Manager $ 191.00
Assistant Project Manager $ 160.00
Researcher $ 138.00
Graphic Artist $ 128.00
Materials, outside services and subconsultants include a 15% administration fee.
Mileage will be charged per the current IRS standard mileage rate at the time costs occur.
Subject to revision January 1, 2025. Charge rates subject to annual 3% escalation.
1 David J. Powers & Associates, Inc. (DJP&A) provides regular, clear, and accurate invoices, in accordance with
normal company billing procedures. The cost estimate prepared for this project does not include special
accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or
invoices. If a special invoice or accounting process is requested, the service can be provided on a time and
materials basis. Any fees charged to DJP&A for Client’s third-party services related to invoicing, insurance
certificate maintenance, or other administrative functions will be billed as a reimbursable expense.
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1
HydroScience Engineers 10
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Services Houlry Rate Night/OT
Rate
Emergency
Rate
Project Management $185.00
Project Coordination $145.00
Utility Foreman $185.50
Licensed Professional (Civil / Surveyor )$190.00
LiDAR / UAV / Data Processing and Extraction $125.00
CAD Technician $117.00
Reports / Sketches / Clerical $101.00
Administrative Support $101.00
Data Processing and Extraction $132.50
Utility Location & Gas Transmission Standby
1-Person Utility Designation w/ GPR & EM Pipe Locator $185.50 $296.80 $371.00
2-Person Utility Designation w/ Multi Antenna GPR $371.00 $593.60 $742.00
1-Person Gas Transmisson Stand by w/truck and equipment $196.00 $313.60 $392.00
Potholing and Vacuum Excavation
2-Person Utility Potholing w/ air vacuum truck $330.00 $429.00 $528.00
1-Person Utility Potholing w/ hydro vacuum truck $317.00 $412.10 $507.20
2-Person Utility Potholing w/ hydro vacuum truck $397.00 $516.10 $635.20
2-Person Utility Potholing w/ Air OX vacuum truck $444.00 $577.20 $710.40
2-Person Key Hole & Surface Restoration w/ equipment $320.00 $416.00 $512.00
1-Person Dump Truck Crew w/equipment $214.00 $278.20 $342.40
Traffic Control
1-Person Traffic Control w/ arrow truck $163.00 $211.90 $260.80
2-Person Traffic Control w/ arrow truck $259.00 $336.70 $414.40
1-Person Flagger / TC Helper $140.00 $182.00 $224.00
GPR Concrete Scanning and Coring
1-Person GPR Concrete Scanning w/ equipment $200.00 $260.00 $320.00
1-Person GPR Concrete Scanning w/ equipment Prevailing Wage $268.00 $348.40 $428.80
1-Person Saw Cutting & Coring w/ equipment $154.00 $200.20 $246.40
1-Person Saw Cutting & Coring w/ equipment Prevailing Wage $175.00 $227.50 $280.00
CCTV Camera – Video Inspection
2-Person CCTV Pipe Inspection w/ Main Line Crawler Unit $334.00 $434.20 $534.40
2-Person CCTV Pipe Inspection w/ Lateral Line Push Unit $323.00 $419.90 $516.80
2-Person Hydro Flushing w/ hydro vacuum truck $397.00 $516.10 $635.20
Surveying and Mapping
1-Person Survey Crew - GPS / Robotic / 3D Scanner $197.00 $256.10 $315.20
2-Person Survey Crew - GPS / Robotic / 3D Scanner $280.00 $364.00 $448.00
2-Person Survey Crew - Mobile LiDAR Scanner $364.00 $473.20 $582.40
2-Person Survey Crew - UAV Data Collection $289.00 $375.70 $462.40
Additional Cost
1-Person Utility Support Truck $160.00 $208.00 $256.00
1-Person General Labor Hourly Rate $140.00 $182.00 $148.40
1-Person Operator Hourly Rate $180.00 $234.00 $288.00
1-Person Utility Truck Mobilization Rate $111.00
Air/hydrovac Utility Truck Mobilization Rate $290.00
Hydrovac Utility Truck Mobilization Rate $330.00
Large Specialty Utility Truck Mobilization Rate $370.00
Traffic Control Plans – non-stamped (per sheet)$400.00
Traffic Control Plans – Stamped (per sheet)$600.00
Mileage, if applicable Current IRS Rate
Lodging and meals, applies when over 50 miles Current GSA Rate
Remote Hose Per 25' Section (3" 4" or 6" 10")$27/Each
Off site disposal of Non-Hazardous Material $1,100/Load
Off-Road Vehicle Rental Cost +10%
Outside reproductions, shipping, services and consultants Cost +10%
Cost of specialty field supplies,rental equipment, bridge tolls etc. Cost +10%
Conditions
Work site must be safe and prepared in advanced prior to scheduleing our crews (if managed by client)
Show up cost is a 4 hour minimum per our houlry rates (Per National Pipe Line agreement)
Minimum charge is 4 hours
Over time applies after eight hours of work on site and weekends Emergencies and Sundays are double time
Rates above apply to day shift (typical BESS day shift hours are 7:00 AM to 3:30 PM).
Night rate applies outside of normal shift hours.
Overtime after 8hrs on site up to 12hrs and Saturdays
Overtime after 12hrs, Emergency,Sundays and Holidays
3% escalation may apply for multi year contracts
NOTE: Rates are portal to portal from our nearst office. Mobilization may apply for distances further than 50 miles from nearest office.
Hayward (Corporate) | Fresno | Los Angeles | Sacramento | F. (408) 988-0101 Utility Locating - Ground Penetrating Radar
(GPR) - Electromagnetic Pipe Locators Structural Concrete Scanning - Potholing Vacuum Excavation - CCTV Pipe Inspection
Mobile LiDAR Scanning - 3D Scanning - 3D Utility Mapping - Gas Standy by - www.besstestlab.com
DBE 34267 - CSLB 817532 - DIR 1000007058 - MBE 1208095 - SBE 38052 - SLEB 18-00111 - ISN 400231830
BESS Utility Solutions Rate Schedule 2023
DocuSign Envelope ID: E9B5F189-C351-4C34-9B18-DF4F4E69EEC1