HomeMy WebLinkAboutDrake Haglan - Ronan Channel and Lions Creek Trails ProjectAGREEMENT FOR SERVICES
This AGREEMENT made this 3rd day of October, 2011, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Drake Haglan and Associates, having a principal place of business at
11060 White Rock Road, Suite 200, Rancho Cordova, CA 95670.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 10/3/2011 and will continue in effect through
10/3/2014 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 $748,035.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
The basis of payment for the services provided under this agreement shall be cost -
plus -a -fixed fee.
1. The local agency shall reimburse the consultant for actual costs (including labor
costs, employee benefits, overhead and other direct costs) incurred by the consultant in
performance of the work, in an amount not to exceed $707,385 exclusive of any fixed
fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in
the consultant's proposal.
2. In addition to the costs referred to in paragraph 1 of this article, the local agency
shall pay the consultant a fixed fee of $40,649. Said fixed fee shall not be altered,
unless there is a significant alteration in the scope, complexity, or character of the
work to be performed which is documented as an amendment.
3. The Consultant shall be reimbursed for actual travel expenses incurred in the
performance of this work, including the use of private vehicles at the rate of 55.5 cents
per mile.
4. Total expenditures made under this agreement, including the fixed fee shall not
exceed the sum of $748,035
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Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF
CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
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) Professional Liability
To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved
by CITY, 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 misconduct 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.
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(2) Other Liability
To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved
by CITY, 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 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, excepting therefrom claims resulting from
intentional or reckless acts of CITY.
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, 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 and aggregate. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish 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) 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;
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• CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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"
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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 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
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of
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:
Drake Haglan & Associates
By:
Name: Dennis Haglan
Title: President
Social Security or Taxpayer
Identification Number 26- 0747074
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CITY:
F GILROY
By:
Name: Thomas J. Haglund
Title: City Administrator
Approved as to Form
Linda Callon - City Attorney
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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 Dennis Haglan, 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, Don Dey
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 reports, costs estimates, plans and other documents which may be submitted or furnished by
CONSULTANT shall be approved and signed by a qualified registered professional engineer in
the State of California.
The title sheet for specifications and reports, and each sheet of plans, shall bear the professional
seal, certificate number, registration classification, expiration date of certificate and signature of
the professional engineer responsible for their preparation.
B. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well- organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
C. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. The CITY'S review,
acceptance or payment for any of the Services shall not be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising out of the performance of this
Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with
applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of
any of the services furnished under this Agreement.
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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, including but not limited to the non - exclusive ownership of
the copyright, and all other intellectual property rights, 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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The CONSULTANT is not liable for claims, liabilities or losses arising out of, or connected with, the
modification or misuse by CITY of the machine readable information and data provided by
CONSULTANT under this agreement; further, the CONSULTANT is not liable for claims, liabilities or
losses arising out of, or connected with, any use by the CITY of the project documentation on other
projects; for additions to this project, or for the completion of this project by others, except only such use
as may be authorized, in writing, by the CONSULTANT.
The CITY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive
and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the
work for government purposes.
Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of
the provisions of this Article.
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: Rick Smelser, City Engineer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Dennis Haglan, President
Drake Haglan & Associates
11060 White Rock Road, Suite 200
Rancho Cordova, CA 95670
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.
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2. Cost Principles
(1) CONSULTANT agrees to comply with all federal procedures in
accordance with CFR Title 49 - Transportation, Part 18 - Uniform
Administrative Requirements for Grants and Cooperative Agreements to
the State and Local Governments.
(2) CONSULTANT agrees that the CFR Title 48 - Federal Acquisition
Regulations System, Part 31 — Contract Cost Principles and Procedures,
shall be used to determine which individual items of cost are allowable
under this Agreement. CONSULTANT's attention is directed to the
provisions in CFR Title 48 - Federal Acquisition Regulations System, Part
31 — Contract Cost Principles and Procedures, Section 31.205 -33 (c)
which identifies the unallowable costs.
(3) Any expenditure listed herein above and for which payments have
been made to the CONSULTANT, which is determined by subsequent
audit to be not allowable under CFR Title 48, Part 31, is subject to
repayment by the CONSULTANT to the CITY , the State and Federal
Governments.
(4) Any subcontracts, entered into as a result of this Agreement, shall
contain all of the provisions of this Article.
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.
4. Prevailing Wage Rates
This is an Agreement for Public Work subject to California Labor Code § 1771, et seq.,
and the applicable implementing regulations. The California Labor Code requires the
payment of not less than the general prevailing wage rate of per diem wages and rates for
holiday and overtime and adherence to all labor standards and regulations. The General
Prevailing Wage Rates may be adjusted by the State throughout the term of this
Agreement. Notwithstanding any other provisions of the Agreement, CONSULTANT
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shall not be entitled to any adjustment in compensation rates in the event there are
adjustments to the General Prevailing Wage Rates.
5. Disputes
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is
not disposed of by agreement shall be decided by a committee consisting of the CITY's's
Contract Manager and Director of Public Works, who may consider written or verbal
information submitted by the CONSULTANT.
B. Not later than 30 days after completion of all work under the contract, the CONSULTANT
may request review by the City Administrator of unresolved claims or disputes, other than audit.
The request for review will be submitted in writing. The City Administrator's decision will be
final.
C. Neither the pendency of a dispute, nor its consideration or resolution by the committee or the
City Administrator, as the case may be, will excuse the CONSULTANT from full and timely
performance in accordance with the terms of this Agreement.
6. Debarment and Suspension Certification
A. The CONSULTANT's signature affixed herein, shall constitute a certification under
penalty of perjury under the laws of the State of California, that the CONSULTANT has
complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension
Certificate, which certifies that he /she or any person associated therewith in the capacity of
owner, partner, director, officer, or manager, is not currently under suspension, debarment,
voluntary exclusion, or determination of ineligibility by any federal agency; has not been
suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within
the past three (3) years; does not have a proposed debarment pending; and has not been indicted,
convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any exceptions to
this certification must be disclosed to the LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will
be considered in determining CONSULTANT responsibility. Disclosures must indicate
to whom exceptions apply, initiating agency, and dates of action.
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SCOPE OF SERVICES
Project Assumptions
1. Consultant Responsibilities:
a. Drake Haglan & Associates (DHA) will manage and prepare the PS &E.
b. Deliver the complete bid package to the City.
c. Coordinate obtaining the required permits and approvals.
d. Prepare the Caltrans Local Programs paperwork up to Construction Authorization.
2. City Responsibilities:
a. City shall have the primary responsibility for the bidding and construction review
phase of the project, including testing and inspection coordination, payment
request processing and all related items.
b. Review and approval
c. Obtain all title reports for the project
3. Scope Assumptions:
a. Concurrent Design: For efficiencies, the design of the 3 trails will occur
simultaneously. However, plans and technical specifications will be kept
separate.
b. Trail: The trail design will be the same as the Lions Creek trails currently under
construction.
c. Right of Wax: The City will supply all title reports and property information
d. Hydraulics: A full hydraulic analysis is most likely not required. This scope
assumes that the SCVWD and FEMA documentation will be converted to HECRAS
to obtain the 100 -year flood water surface elevation only.
e. Permits: DHA will be responsible for coordinating and obtaining permits from the
CDF &G and the Santa Clara Valley Water District. The City will be responsible for
all permit fees.
1.0 PROJECT MANAGEMENT
Task 1.1 - Proiect Initiation
Task 1.1.1- Kick -Off Meeting
Task 1.1.2 - Preliminary Research
Task 1.1.3 - Field investigation
Task 1.1.4 - Establish Project Schedule
Task 1.2 - Proiect Management
Task 1.21— Project Management
DHA will manage the project by tracking the schedule, budget and value of the products produced. DHA will create
and maintain an "action item log" for the project, which will include each required action encountered, the responsible
decision -maker for that action, and the date the decision was made or action taken.
Task 1.2 2 — Progress Meetings
Task 1.2.3 — Schedule Updates
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Task 1.3 - Local Programs Compliance
Task 1.3.1- Prepare and Submit CT Consultant Selection Forms
Task 1.3.2 — LAPM Coordination
Task 1.4 - Public Outreach
This task includes coordinating with, working with, and addressing the concerns of the local residents, businesses,
and community impacted by the project. This task includes 2 public outreach meeting /workshops as an optional task.
The DHA Project Manager will organize the meeting and work with the community and /or residents to adequately
address their concerns. It is assumed that the City will mail provide the mailing database and prepare and mail any
notifications. DHA will provide the display boards for the meeting /workshop.
Task 1.0 Deliverables:
• Meeting agendas & minutes
• Required Local Programs Manual forms
• Request for Authorizations for ROW and Construction
2.0 PRELIMINARY DESIGN AND ENVIRONMENTAL
Analyze the project, perform site review and investigations, evaluate existing conditions and meet with City staff to
define the initial, detailed project scope and objectives. Determine appropriate courses of action. Schedule meetings
with City staff as required during progress of design for status reporting, sharing and dissemination of information,
appropriate guidance and coordination.
Task 2.1 - Topographic Surveying, Base Mapping and Right of Way Evaluation
RJA will provide topographic base mapping of the existing SCVWD access and maintenance roads. The mapping
will include contours at 1 -foot intervals, locations of utilities, fences, signs, trees and other potential obstructions for
design of the proposed sections of trail.
Protect Approach
Survey crews will establish a GPS control network, tying into SCVWD benchmarks, City of Gilroy monuments, and
any available control from surreys of previous reaches of the trails. RJA will coordinate with a photogrammetrist to
obtain 40 -Scale aerial mapping of each of the three reaches of trail. Field crews will provide supplemental ground
surveys under trees canopies and bridges, as well as locating utilities, fences, signs, trees and all critical conforms
for ADA access.
Scope of Work
Control Surveys: Consultant will establish project horizontal and vertical control, search for and locate
existing City monumentation and Santa Clara Valley Water District benchmarks, and tie in any available
control points from previous surveys of adjacent reaches of trail.
Flight Markers: Consultant will perform field surveys to set flight markers for aerial photogrammetry control.
Flight markers will be field surveyed to tie to project horizontal and vertical control. Flight marker field survey
will be reduced and coordinate geometry results will be supplied to photogrammetrist.
Aerial Topographic Mapping: Consultant will obtain digital aerial topographic mapping of a 100 -foot strip
centered on the proposed trail location at a scale of 1" = 40' with a 1 -foot contour interval. Scope and fee
also includes coordination with the photogrammetrist for flight marker requirements and layout, time of
flight(s) and schedule.
Supplemental Ground Surveys: Consultant will provide supplemental ground survey and data reduction to
augment aerial topography with the horizontal and vertical locations of selected visible aboveground
features, dip necessary manholes, and storm inlets for location and elevation. Fee is for up to forty (40)
hours of 2- Person Field Crew labor, and up to forty (40) hours of office labor. Labor in excess of this will be
\LAC1862006.1 -2-
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SCOPE OF SERVICES
considered "additional services" and be billed on a Time and Expense basis per the attached Rate and
Expense Schedule.
A record of survey, potholing and electronic detection of utilities, and right of way appraisal and acquisition are not
included in this scope of services. It is assumed that the City will obtain all necessary title reports.
Hydraulic Surveys: With the draft hydraulic Analysis completed, it is assumed that no hydraulic cross sections are
necessary.
Deliverables: Base Mapping
Task 2.2 - Hydrology and Bridge Hydraulic Report
Information Gathering: Locate and download existing hydraulic model for the Ronan Channel within the reach of the
proposed bridge in the City of Gilroy from the SCVWD website. Convert the HEC -2 model to a HEC -RAS model if
needed. Assumptions: An existing conditions HEC -2 model is available from the SCVWD website.
Technical Memorandum: Prepare a short Technical Memorandum (TM) documenting the hydraulic analysis from the
SCVWD. TM will include document the SCVWD hydraulic analysis at the bridge site with graphical representations of
100 -year and (if available) 50 -year discharges. Assumptions: Only discharges included in the SCVWD will be utilized.
The discharge estimates provided by the SCVWD are assumed to be realistic. There will be no field review and no
additional analysis provided for proposed conditions.
Deliverables: TM documenting the SCVWD model will be provided in a .pdf format to DHA.
Task 2.3 - Geotechnical Investigation
Project elements will primarily include paving of the existing dirt maintenance road, installation of fencing and native
landscaping, in addition to street crossing and vehicular barriers and interpretive trail signage. Also proposed is one
pedestrian overcrossing structure at Ronan Channel Trail and an optional undercrossing at Kern Avenue with
retaining walls.
M. Geotechnical Engineering Report: Padkh will prepare one combined geotechnical report for the project that will
include the trail and the pedestrian overcrossing foundation recommendations.
Trail Pavement Design: Proposed scope of work will include preparation of a geotechnical engineering report for
pavement design of the 3 proposed trails. Total of 2 miles of trail is proposed which will require a boring /sample at about
1000' spacing. The paved trails are anticipated to have standard pavement sections. However, we will collect bulk
samples for R -Value testing for confirming some of the design basis. We will comply with the scope of work described in
the RFP.
Bridge Foundation Design: Ronan Channel Trail (B40) includes a new pedestrian bridge over the channel. Generally
the loads for these types of structures are relatively low. However, we are planning to drill borings up to 45 feet deep to
allow for contingencies in the event slope stability or foundation soil conditions require a drilled pier foundation.
Detail scope of work by tasks is discussed below:
Task 2.3.1- Research and Data Collection: Review of readily available geologic and soil literature in the vicinity of
the site including review of any as -built drawings and existing LOTB, if any.
Permits /USA Clearances: We will field locate the proposed explorations and call for USA clearance. We will obtain a
no -fee encroachment permit from SCVWD.
Task 2.3.2 Field Exploration: The field exploration program will include 15 explorations using a truck mounted drilling rig.
Thirteen borings will be drilled at about 1 000' spacing to 5' deep for the pavement sections and two borings will be drilled
to about 45 feet to investigate the proposed pedestrian bridge over Ronan Channel. The samples will be classified in the
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SCOPE OF SERVICES
field using Unified Soil Classification System. We will drill on the maintenance road; no traffic control is assumed at this
time.
Location Borings Depth
Lions Creek SCVWD Service Road West (Project B43) 3 5'
Lions Creek SCVWD Service Road West (Project B42) 4 5'
Western Ronan Channel SCVWD Service Road (Project B40) 6 5'
Ronan Channel POC (Project B -40) 2 45'
Classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. Obtain
"relatively undisturbed" and bulk samples of substrata from test borings. The borings will be drilled and capped in
accordance with the permit requirements.
Task 2.3.3 - Laboratory Testing: Based on the visual evaluation of the obtained samples, we will select
representative samples for laboratory testing. These should include R -value tests, unconfined compression tests,
corrosion tests, and plasticity index, as deemed appropriate.
Task 2.3.4 - Report Preparation: Parikh will perform engineering analyses and develop design recommendations for
the pavement design for the 3 proposed trail pavement sections and pedestrian bridge.
Prepare Draft Foundation Report: Prepare preliminary recommendations for pavement design. This report will also
include the results of the field investigation and laboratory test results. Foundation design recommendations will be
included for the pedestrian structure. It is anticipated that the bridge will be a pre- fabricated structure and a most
efficient foundation system is drilled piles (CIDH).
Prepare Final Foundation Report: Prepare detail report including design recommendations for proposed pavement
sections. Final foundation design recommendations will be included in the report for the bridge structure. We will use
Caltrans guidelines for the seismic design criteria
Deliverables:
• Draft & Final Geotechnical Reports
• Geotechnical Memo
• Log of Test Borings
Task 2.4 — 35% Plans & Estimate (P &E)
A submittal of the 35% plans and an estimate of probable construction costs will be made to the City. CONSULTANT
will perform an independent QA/QC review of the 35% plans and incorporate appropriate revisions prior to submittal
to the City.
Deliverables:
• 30% Plans & Estimate
Task 2.5 — Environmental - NEPA
The environmental portion of this project has been scoped based on the signed Caltrans Field Review and PES form.
This scope assumes a total of 5 project meetings and 1 public hearing by the environmental consultant.
Task 2.5.1— Preliminary Environmental Studies (PES) Form — Task Already Completed by City
Task 2.5.2 - Noise Impact Memo: The project has the potential to result in adverse construction- related noise and
vibration. A construction noise and vibration assessment will be prepared according to Caltrans requirements.
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Task 2.5.3 - Water Quality Memo: EMC will prepare a Water Quality Memo according to the requirements of
Caltrans. Mitigation measures for potential impacts to water quality will be described. The report will be submitted
for Caltrans review and revised once per comments received.
Task 2.5.4 - Natural Environment Study and Biological Assessment: An NES will be prepared for the project. If
required, a Biological Assessment will be prepared.
Task 2.5.5 — Section 4f Memo: A Section 4f Memo will be prepared in accordance with Caltrans standards
Task 2.5.6 - Equipment Staging Memo: Based on information to be provided by the Project Team, DHA will prepare
an equipment staging memo in accordance with Caltrans guidance. Since it is anticipated that no trees will be
trimmed or removed, this scope and fee does not include a tree removal memo.
Task 2.5.7 - Section 106 Compliance (Cultural Resources): Because the project would include sub - surface
excavation and /or grading, completion of the Section 106 (Historic Preservation Act) process will be required. This
process will include the following tasks:
• An archaeological Area of Potential Effect (APE) map will be prepared by using aerials at a scale of one inch
equals 200 feet for use by the archaeologist/histori an in the preparation of cultural resources reports. The APE
map will be submitted to Caltrans for approval and signature. The cost estimate includes one revision to the
APE map, per Caltrans comments.
• A records search will be conducted at the Center of the California Historical Resources Information System
(NWIC of all cultural resources and studies within one -half mile of the project alignment and any additional
resources or investigations.).
• Native American consultation will be conducted beginning with the Native American Heritage Commission
(NAHC) and, if possible, continuing with anyone on a contact list they provide. Two local historical groups will
also be contacted. To initiate this potentially long process, letters to the NAHC and historical groups will be
submitted as soon as the contract has been signed.
• An archaeological survey will be conducted of the project alignment. Inventory methods will be determined in
the field depending on the findings of the NWIC review, ground surface visibility, and other factors that have a
bearing on archaeological sensitivity.
• An Archaeological Survey Report (ASR) will be prepared based on Caltrans guidelines and consultation with
their Professionally Qualified Staff (PQS).
• A Historic Resources Evaluation Report (HRER) will be prepared.
• The scope of work will include field survey and photography, archival research, and the writing and production of
the HRER as per the Caltrans Environmental Handbook.
• A Historic Properties Survey Report (HPSR) will be prepared that incorporates the APE map, HRER, and ASR.
Task 2.5.8 - Prepare Floodplain Encroachment Form — If required, a floodplain encroachment form will be prepared.
Task 2.5.9 - Prepare NEPA Cat Ex — EMC will prepare the Categorical Exclusion form for Caltrans signature.
Deliverables:
• APE Map
• Technical Reports & Memos
• Cat Ex Document
Task 2.6 — Environmental - CEQA
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EMC will prepare initial study and mitigated negative declaration in compliance with the City of Gilroy Rules for Initial
Studies Proposals. This includes a site investigation and all necessary research and evaluation in order to prepare
the following: 8 copies of the administrative draft initial study, 45 copies of the draft initial study, 15 copies of CDs for
projects requiring State agency review, 25 copies of the response to comments; a mitigation monitoring program; a
mitigated negative declaration; a Notice of Completion; and a Notice of Intent.
Deliverables:
• Draft and Final IS /MND
• Mitigation Monitoring Program
• NOC & NOI
Task 2.7 - Permitting
Disturbance to a creek or drainage may require one or more resource - related permits, such as a Nationwide Permit
from the ACOE, a Streambed Alteration Agreement (Section 1600) from the California Department of Fish and Game
(CDFG), a Section 401 Permit from the Regional Water Quality Control Board, and a Section 2081 Incidental Take
Permit from the CDFG.
Army Corps of Engineers: Obtaining a Nationwide Permit from the ACOE generally follows the following steps:
• A jurisdictional wetland survey should be completed, following the guidelines presented in the Corps of
Engineers Wetland Delineation Manual (already included in scope of work).
• Impacts to the wetlands and jurisdictional waters should be analyzed, and the acreage of the impacted
areas should be calculated (already included in scope of work).
• The wetland delineation must be submitted to the San Francisco District Office of the ACOE for verification.
• A comprehensive wetland and riparian restoration plan should be drafted.
• At this point, a pre - application meeting may be requested to have the ACOE representative view the site
and make suggestions to the draft restoration plan, if needed.
• The wetland and riparian restoration plan should be reviewed and revised per comments raised by the
ACOE representative.
• A Nationwide Permit application would be completed and submitted.
• ACOE will review the application, and barring any requests for changes, will grant the Nationwide Permit.
California Department of Fish and Game: Fish and Game Code section 1602 requires any person, state or local
governmental agency, or public utility to notify the CDFG before beginning any activity that will substantially modify a
river, stream, or lake. To obtain a permit from the CDFG, a complete notification package and fee must be submitted.
The notification package includes the following:
• A description of the process that requires the Streambed Alteration Agreement.
• Lake or Streambed Alteration form.
• Project description.
• Maps showing the location where the project will take place.
• Construction plans and drawings pertaining to the proposed project.
• A copy of any document prepared pursuant to CEQA.
• Copies of local, state, or federal permits, agreements, or other authorizations already obtained.
• Project Questionnaire form.
• CDFG Fee (Cost proposal does not include fee)
Regional Water Quality Control Board (RWQCB): Under the Clean Water Act, Section 401, applicants for an activity
which may result in a discharge to a water body must obtain State Water Quality Certification that the proposed
activity will comply with state water quality standards. A permit may obtained by completing an application and
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SCOPE OF SERVICES
submitting the appropriate fees (based on the RWQCB Fee Calculator). CEQA documentation is required as part of
the permit application. The RWQCB then reviews the application and either certifies or denies the permit.
(A) Wetland /Riparian Mitigation Plan
A wetland /riparian mitigation plan may a necessary component of the Nationwide Permit application based on the
extent of vegetation disturbed by the proposed project. If deemed necessary, the mitigation plan will incorporate
information from the land use plan and documents on the proposed mitigation site, a proposal for habitat creation,
hydrologic and soil analysis to support the proposed mitigation site, native plant species proposed for planting,
maintenance and monitoring schedule, performance criteria for evaluating success of wetland creation efforts, and
remediation measures should the performance criteria fail to be achieved.
Deliverables:
• 401, 404, and 1602 Permit Applications
3.0 PLANS, SPECIFICATIONS, AND ESTIMATES (PS &E) (65%,90%, 100% PS &E)
The most current Caltrans Standard Specifications, along with relevant Standard Special Provisions prepared for this
project shall be the governing construction specifications. The City's boilerplate provisions will be supplied by the
City for incorporating into bid documents package. Preliminary specifications shall be required with the levels of
completion list above and finalized with the 100% PS &E package. In addition, quantity take off calculations and
summary shall be provided by Consultant to aid the City during construction.
Task 3.1— 35% Response to Comments
DHA will incorporate the City's and other agencies comments into the 65% submittal and will coordinate /resolve any
questions with the agencies
Task 3.2 — 65% Plans & Estimate
A submittal of the 65% P &E will be made to the City addressing City comments on the 35% submittal.
CONSULTANT will perform an independent QA/QC review of the 65% plans and incorporate appropriate revisions
prior to submittal to the City.
Task 3.3 — 90% Plans, Specifications, and Estimate (PS &E)
A submittal of the 90% PS &E will be made to the City addressing City comments on the 65% submittal. The 90%
submittal will also include an independent bride check and the draft contract specifications.
Bridge Check: A senior level review of the bridge will be performed.
Contract Specifications: CONSULTANT will prepare the contract Special Provisions for the project based in General
on Caltrans' Standard Special Provisions, Caltrans Standard Specifications, and City construction contract standards.
CONSULTANT will prepare required technical special provisions for Sections 8, 9 and 10, and will compile with City
supplied boilerplate specifications, including Section 4, order of work, time of completion, etc. The basis of the
specifications shall be the latest Caltrans Standard Specifications. Required mitigation measures and permitting
requirements from the environmental permits will be included in the specifications by the CONSULTANT.
CONSULTANT will assemble the final project specifications ready for printing the contract documents
CONSULTANT will perform an independent QA/QC review of the 90% plans and incorporate appropriate revisions
prior to submittal to the City.
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Task 3.4 —100% Plans, Specifications, and Estimate
A submittal of the 100% PS &E will be made to the City addressing City comments on the 90% submittal.
CONSULTANT will perform an independent QA/QC review of the 100% plans and incorporate appropriate revisions
prior to submittal to the City.
Task 3.5 — Utility Coordination
CONSULTANT will prepare and provide the utility letters, equivalent to the A, B, C process utilizing the Caltrans
forms or Caltrans format modified by the City, if applicable. It is assumed that no utilities will be affected by the
project, aside from irrigation for any new landscaping.
A utility certification will be prepared and procedures followed that are consistent with Caltrans Policy on High and
Low Risk Underground Facilities.
Task 3.5 — Retaining Wall Desiqn and Slope Stability Analysis
CONSULTANT will prepare the PS &E for a path and supporting wall beneath the Kern Ave Bridge. Currently, a
portion of the Kern Avenue Bridge is currently classified as a Levee which will require a slope stability analysis and
review and approval by the SCVWD.
It is suggested in the RFP that a pedestrian undercrossing might be constructed at Kern Avenue if allowed by the
SCVWD. This will require retaining structures and evaluation of the proposed slopes etc. Also the walls may have to
be designed as Flood walls as per the SCVWD guidelines and requirements. This would require drilling of two
additional borings to 45 feet and developing design recommendations for the walls and proposed cuts. Construction
considerations for such element within the water impacted area are critical and will be discussed.
Task 3.0 Deliverables:
• Utility Letters
• Utility Certification
• Five (5) sets of 35% plans (half size) and construction cost estimate.
• Five (5) sets of 65% plans (half size), specifications outline, and construction cost estimate.
• Five (5) sets of 90% plans (half size), specifications, and final construction cost estimate.
• Six (6) sets and one (1) Mylar set of 100% plans (1 full size and 1 half size), bid documents, and
construction cost estimate ready for obtaining for Federal Authorization to Proceed with Construction (E -76
Construction) within 5 months of HBP grant award for construction funding; and one electronic copy of the
mentioned documents (PDF and CAD files).
4.0 RIGHT -OF -WAY SURVEY AND CERTIFICATION
The City will be responsible for obtaining all easements and/or ROW for the project. DHA will prepare the ROW
Request for Authorization and Certification to submit to Caltrans.
Deliverables:
• Right of Way Certification
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SCOPE OF SERVICES
SUBCONSULTANTS SCOPE OF WORK
BELLINGER FOSTER STEINMETZ
The following outlines Bellinger Foster Steinmetz (BFS) Scope of Services as a subconsultant to DHA based on the
Tasks and Subtasks outlined in the City of Gilroy RFP dated August 11, 2011
TASK 2 — ENVIRONMENTAL & DESIGN DEVELOPMENT
Task 2a: Obtain topographic site survey
2a.1 Attend project kick -off meeting in Gilroy.
2a.2 Visit site with project team to assess existing conditions. Photograph site for in -house use.
2a.3 Review topographic survey and base sheets prepared by DHA. Establish CAD layers for
planting /irrigation work.
Task 2b: Obtain reports /recommendations
2b.1 Review environmental, geotechnical and soils reports /recommendations.
2b.2 Obtain soil fertility samples and reports for planting areas where appropriate.
2b.3 Coordinate with environmental consultant to refine project description related to planting/irrigation
work. Review CEQA/NEPA mitigation requirements established in environmental reports related to
planting/irrigation.
Task 2c: Design Development Drawings
2c.1 Coordinate planting, irrigation and site furnishing (benches, trash receptacles)
requirements /preferences with City of Gilroy and SCVWD.
2c.2 BFS will attend up to two meeting with students /faculty /other groups (to be identified at a later date)
to discuss the interpretive signage. BFS will coordinate with the City for the interpretive signage design.
2.0 Prepare design development level drawings (35% construction drawings) for planting, irrigation,
site furnishings, and interpretive signage. Irrigation design to be downstream of meter and excludes pump
design if needed.
2.c.4 Prepare design development level technical specification outline for related work items.
2.c.5 Attend up to one project team meeting in Gilroy to review design development drawings.
Task 2d: Design Development Construction Cost Estimate
2d.1 Prepare design development construction cost estimate for planting, irrigation, site furnishing and
interpretive signage related work.
Task 2e: Project Management
2e.1 Provide general support to DHA for project management of planting, irrigation, site furnishing and
interpretive signage related work. Prepare monthly progress reports and invoices for submittal to DHA.
TASK 3 — CONSTRUCTION DOCUMENTS
Task 3a: Prepare Construction Documents
3a.1 Based on comments from design development submittal, prepare 65% construction documents
(plans and technical specifications) for related work items noted above. Submit to DHA for City review.
3a.2 Based on 65% review comments, prepare 95% construction documents (plans and technical
specifications) for related work items. Submit to DHA for City review.
3.0 Attend up to two project team meetings in Gilroy during the Construction Document phase, or
participate in conference calls for review and coordination.
\LAC\862006.1 -9-
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SCOPE OF SERVICES
Task 3b: Construction Cost Estimate
3b.1 Update construction cost estimate to 65% level.
3b.2 Update construction cost estimate to 95% level.
Task 3c: Plans and Specifications for Permit Review
3c.1 Prepare 100% construction documents (plans and technical specifications) for permit review.
3c.2 Update construction cost estimate to 100% level.
Tack 3d: Final Plans and Specifications
3d.1 Based on permit review comments, prepare final plans and technical specifications for bidding.
3d.2 Submit final plans and specifications in wet - signed hard copy and electronic format.
Task 3e: Engineer's Estimate
3e.1 Prepare Engineer's Estimate for related work items.
Task 3f: Project Management
3f.1 Provide general support to DHA for project management of planting, irrigation, site furnishing and
interpretive signage related work. Prepare monthly progress reports and invoices for submittal to DHA.
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HEXAGON SCOPE OF
WORK
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Phase 1 Work — ProjectA n y is; Concept Puns, and Environmental Grarance
N }
Hexagon will attend a kick-off meeting with City staff and the project team to discuss the project,
establish the project development time frame, explore key issues, identify design c6teria, discuss
-13 Preliminary Investigation
required tD complete the pro_kxi, suchas7 traffic signal as-built ptan_s, street fight as-built plwn,, traffic
reports, right-of-way pims, and vehicle, pedestrian, and bicycle volumes-
be up-dated as necessary Potential conflicts with overhead utilities and obst; s. and other confticu
not readilyapparent on the topographic mapts will be identified in the field-
- g
ramps; 0 Locations of existing and new curb, gutter, edge of pavement, sidewalk, drhteways, and
wheelchair
Location of efisting and new street lights, utility poles, IF large trees-
*
intersection • roadway signing and striping, • r - legends, N
crosswalk #
pole:s, traffic signal poles, and all existing utilities (for example- PG&E, water, telephone, cable, fiber,
closed circuit TV, and sanitary sewer) must be provided within 50 feet of the intersection on all
intersection approaches.
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budge budgenvill be extend the coverage base
"�.i to t • i t —..: t< _ t— _ 4 ': f # # t.. _ zt. t
-E Preliminary Conceptual Design
1 -F Design Concept Review Meeting
Phase 2 W Fznal Design and Construetion Docum ents
p. t - 11i -t: t �. � ,, ,.t �. t ,-b t '. ♦' E t ." la �:: �. i�.
2 -A Plans, Specifications, and Emanates {P'S &E) Packages
Ain
UP
t ■a
NMI
�. t t r. t }
efectrcnic files (PDF, W Word, M Excel, or AutoI formats, case may be)-
t- t
\Lac\862006.1 -13-
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SCOPE OF SERVICES
M MUT #.
Submittals work for use in the bid documents using standard Cityand/or Caltrans; items. The bid si&.edules for
traffic signal workand signirig/stripft work will be prepared for inclusion in the contract documents.
ME
Unless we are directed to nrepare fewer subrnittals-- the-nians�-s=iad provisions and estimates (ESELP
will be submitted for review at three (3) levels of completion, 6M 9WA and 99%-
i Design
staff and/or the project team in connection with the design; phase of the project
# Documents
Hexagon will incorporate
City # outside # into the design to produce IlR C># Set Drawingsand
bring the pdans to a compleM w # s
The Final Bid Set documents will includeone set of reproducible plan st� C24' ' x 36, biack ink on
*lilt
We are prepared # start work immediately , # i authorization # # proceed, and are ready to hold ..
\LAC1862006.1 -14-
111011-04706083
EXHIBIT "C"
MILESTONE SCHEDULE
Project Schedule — Lions
Tasks and Subtasks
Task 1: Project Management
Creek Trails
Start Date
10 /1 /11
End Date
4/1/13
Status
NTP
10/17/11
N/A
Kickoff Meeting
10/16/11
N/A
CT ROW Certification
8/30/12
N/A
Request for CT Construction Authorization
12/20/12
N/A
Task 2: Preliminary Design and Environmental
30% Plans & Estimate
9/23/11
2/13/11
Signed PES Form & Field Review
N/A
N/A
Completed
Environmental Technical Reports
10/28/11
3/1/12
NEPA Approval
6/15/12
8/23/12
Prepare Admin Draft IS/MND
5/18/12
6/21/12
Notice of Determination (NOD)
10/5/12
10/17/12
Permitting
9/7/12
1/21/13
CDFG Permit
SCVWD Permit
- Field Meeting/Concept Review
- 90% Plan Review
- Incorporate Comments
- SCVWD Approval
CA Regional Quality Control Board
Task 3: Final Design
65% Plans & Estimate
3/1/12
5/15/12
90% Plans, Specs & Estimate
5/16/12
7/3/12
100% Plans, Specs & Estimate
7/11/12
11/9/12
\LAC1862006.1 -1-
111011- 04706083
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CITY OF GILROY Exhibit D
Ronan and Lions Creek Trails 9/23/11
EXHIBIT "D"
DRAKE HAGLAN & ASSOCIATES
FEESCHEDULE
Fees valid from January 1, 2011 - December 31, 2012
Classification Range Loaded
Rate
Principal Bridge Engineer /Principal Transportation $185.06
Engineer /Engineering Services Manager /Project
Manager
Senior Special ist/Envi ron mental Services Manager $175
Senior Bridge Engineer /Senior Transportation Range A $145
Engineer /Resident Engineer /Project Engineer Range B $160
Range C $170
Range D $190
Bridge Engineer /Transportation Engineer Range A $119.18
Range B $119.18
Range C $145
Senior Highway Designers /Senior Construction Range A $100
Inspectors Range B $120
Range C $140
Assistant Bridge Engineer /Assistant Transportation Range A $84.94
Engineer Range B $110
Range C $120
Highway Designer /Construction Inspector Range A $90
Range B $100
Range C $110
Production Manager $140
CAD Manager 130
Senior CAD Draftsperson $120
CAD Draftsperson Range A $79.63
Range B $86.26
Range C $105
Project Admin & Word Processing Range A $60
Range B $74.32
Administrative Manager $95
Administrative Specialist $95
Vehicle Mileage_
IAC1862006.1 -2-
111011 -04706083
Current IRS Standard Rate
CITY OF GILROY Exhibit D
Ronan and Lions Creek Trails 9/23/11
Total Overhead (OH) 141.30%
Fee 10%
OH covers provisions for normal office overhead costs, such as office rental, utilities, insurance, clerical
services, equipment, normal supplies and materials, and in -house reproduction services. Fringe Rate includes
provisions to cover vacation, health and welfare costs, Pensions, etc. Other project specific expenses such as
travel, special consultants, and purchased outside services will be billed at cost.
Vehicle Mileage. ---------------------------------------------------------- urrent IRS Standard Rate
Hourly charges include provision for normal office overhead costs, such as office rental, utilities, insurance,
clerical services, equipment, normal supplies and materials, and in -house reproduction services.
U_AC\862006.1 -3-
111011- 04706083
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DRAKEHAGI
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
10/20/201
PRODUCER
Dealey, Renton & Associates
P. O. Box 12675 Attn: IFW
Oakland, CA 94604 -2675
510 465 -3090
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Drake Haglan & Associates
11060 White Rock Road, #200
Rancho Cordova, CA 95670
INSURER A: American Ins. Co.
A
INSURER B: Travelers Property &Casualty Co. of A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
INSURER C: New Hampshire Ins. Co.
10/23/11
INSURER D:
EACH OCCURRENCE
INSURER E:
DAMAGE TO RENTED
%Iw Y Cr\MV G
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM DD
POLICY EXPIRATION
DATE MM DD/YY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
AZC80844655
10/23/11
10/23/12
EACH OCCURRENCE
$2,000,000
DAMAGE TO RENTED
$1,000,000
MED EXP (Any one person)
$10,000
CLAIMS MADE 51 OCCUR
PERSONAL & ADV INJURY
$2,000,000
GENERAL AGGREGATE
$4 000 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
s4,000,000
PR
POLICY X J E CT LOC
A
AUTOMOBILE LIABILITY
AZC80844655
10/23/11
10/23/12
COMBINED SINGLE LIMIT
(Ea accident)
$2 00Q000
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
X HIRED AUTOS
X NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
R
AUTO ONLY: AGG
A
EXCESS /UMBRELLA LIABILITY
AZC80844655
10/23/11
10/23/12
EACH OCCURRENCE
$1.000.000
AGGREGATE
s2,000,000
X OCCUR F1 CLAIMS MADE
$
DEDUCTIBLE
$
X RETENTION $ O
B
WORKERS COMPENSATION AND
UB8868Y428
01/21/11
01/21/12
X WC IIAMIY OTH-
E.L. EACH ACCIDENT
$1,000,000
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1,000,000
If yes, describe under
SPECIAL PROVISIONS below
C
OTHER Professional
44271926
10/23/11
10/23/12
$1,000,000 per claim
Liability
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
services.
RE: Ronan Channel and Lions Creek Trails Project in the City of Gilroy
Proposal No. 12- RFP -PW -356
(See Attached Descriptions)
City of Gilroy: Purchasing
Division
Attn: Inga Alonzo
7351 Rosanna Street
Gilroy, CA 95020
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL RM30MItIlt MAIL _3,0_ DAYS WRITTEN
'.E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,�IlRR9l K
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2 #M290348 rrss " """ ^" 1 " ^" "�" '—
GENERAL LIABILITY ADDITIONAL INSUREDS: City of Gilroy, its officers,
representatives, agents and employees
AMS 25.3 (2001/08) 2 of 2 #M290348
Additional Insured - Owners, Lessees or Contractors - AB 90 67 12 93
Policy Amendment Section II
Insured Drake Haglan & Associates
Producer Dealey, Renton & Associates
Schedule
Name of Person(s) or Organiztion(s)
Policy Number AZC80844655
Effective Date 10/23/11
Descriptions Of Operations
City of Gilroy: Purchasing RE: Ronan Channel and Lions Creek
Division Trails Project in the City of
Attn: Inga Alonzo Gilroy Proposal No. 12- RFP -PW -356
7351 Rosanna Street GENERAL LIABILITY ADDITIONAL
Gilroy, CA 95020 INSUREDS: City of Gilroy, its
officers, representatives, agents
(If no entry appears above; information required to complete this Endorsement will be shown in the Declarations
as applicable to this Endorsement.)
The following is added to Part I - WHO IS AN IN-
SURED in the Business Liability Section of this policy
5. The person or organization shown in the schedule
is also an insured, but only with respect to liability
arising out of your work for that insured by or for
you.
All other terms and conditions of the policy apply.
This form MUST be attached to change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy.
and employees
AB 90 67 12 93
Drake Haglan & Associates
Policy #AZC80844655
EXCERPTS FROM: Fireman's Fund ABC MULTICOVER — AB 91 89 08 07
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE
FOLLOWING: AMERICAN BUSINESS COVERAGE
2. Blanket Additional Insured
Section II — Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include:
f. Any person or organization that you are required by a written insured contract to
include as an insured, subject to all of the following provisions:
(1) Coverage is limited to their liability arising out of:
(a) the ownership, maintenance or use of that part of the premises, or land
owned by, rented to, or leased to you; or
(b) your ongoing operations performed for that insured; or
(c) that insured's financial control of you; or
(d) the maintenance, operation or use by you of equipment leased to you by
such person(s) or organization(s)
4. Blanket Waiver of Subrogation
Section II — Liability Coverage, Part K. Liability and Medical Payments General
Conditions, is amended to include:
6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of
Subrogation
b. If required by a written insured contract, we waive any right of recovery we may
have against any person or organization because of payments we make for
injury or damage arising out of your operations or your work for that person or
organization.
19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is
replaced with:
2. Coverage C — Liability
If other valid and collectible insurance is available to any insured for a loss we cover
under Coverage C of this Coverage Part our obligations are limited as follows:
a. The insurance provided under this policy is primary if you are required by
a written insured contract to include any person or organization as an insured,
but only with respect to that insured's liability arising out of the ownership,
maintenance, or use of that part of the premises owned by or rented to you, or
your work for that insured by or for you. Any other insurance available to that
person or organization is excess and noncontributory with this insurance.
EXCERPT FROM: PROPERTY /LIABILITY POLICY -- AB 90 00 12 93
II. K. 5. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically
assigned in this policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom claim is made or suit is brought.