HomeMy WebLinkAboutRBF Consulting - Agreement for Santa Teresa Blvd. Widening ProjectAGREEMENT FOR SERVICES
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This AGREEMENT made this — day of
between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: —Robert Bein William Frost & Associates, having a principal place of
business at 226 Airport Parkway, Suite 600, San Jose CA 95110 -3705
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 2/8/2000 and will continue in effect
through 2/8/2003 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
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 Exhibit
"C" ("Payment Schedule ") and Exhibit "D" ( "Milestone Schedule ").
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.
\LAC \322432.04 -1-
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.
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
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT: [as provided for in Exhibit "C ", "Payment Schedule"].
Invoices
CONSULTANT shall submit invoices for all services rendered.
Payment
Payment shall be due within thirty (30) days after receipt of invoice describing the work
performed and approved direct expenses as provided for in Exhibit "A" I.V. 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.
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."
\LAC \322432.04 -7-
ARTICLE 5. OBLIGATIONS OF CONSULTANT
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.
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.
Indemnification of Liability, Duty to Defend
A. As Respects 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 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.
B. As Respects Non - Professional Activities 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
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.
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) Comprehensive
Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum
\LAC \322432.04 _� _
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.
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.
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.
ARTICLE 6. OBLIGATIONS OF CITY
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.
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.
\LAC \322432.04 -4-
events:
ARTICLE 7. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the occurrence of any of the following
1. Bankruptcy or insolvency of either party;
2. Sale of the business of either party;
3. Death of either party.
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 b t�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 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.
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.
\LAC \322432.04 -5-
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 its services, and shall act in such a manner as to facilitate any new
CONSULTANT'S assumption of duties.
ARTICLE 8. GENERAL PROVISIONS
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.
Americans With Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall 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.
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.
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.
\LAC \322432.04 -6-
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 or ancestry of any employee, applicant
for employment, or any potential subcontractor.
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.
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.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the
State of California.
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
\LAC \322432.04 _ 7_
requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit
"A ", Section V.I. Notices, 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.
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.
Time of the Essence
All dates and times referred to in this Agreement are of the essence.
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:
By:
Social Security or Taxpayer
Identification Number 9s- L-01 Z`13
Approved as to Form
ity Attorney
rTTV-
VAC \322432.04 -R-
ATTEST:
City Clerk
EXHIBIT "A"
SPECIFIC PROVISIONS
L PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit `B" - Scope
of Services. (All exhibits referenced are incorporated herein by reference.) To accomplish that
end, CONSULTANT agrees to assign Garrett Gritz, P.E. , 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 services upon delivery to CONSULTANT of written
Notice to Proceed. Notice shall be deemed to have been delivered as provided in the Section in
Article 8 entitled "Notices."
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has satisfactorily completed all of the
services defined under this Agreement, 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 under this Agreement, 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 Progress Schedule will be as set forth in the attached Exhibit "D" entitled "Milestone
Schedule."
\LAC \322432.04 -I-
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 "Payment" and
based on Exhibit C, "Payment Schedule."
Direct expenses are charges and fees not included in Exhibit B, "Scope of Services."
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.
The 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,
\LAC \322432.04 -7-
acceptance or payment for any of the services required under this Agreement shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable
to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S
negligent performance of any of the services furnished under this Agreement.
D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at
any and all reasonable times,. to audit the books and records (including, but not limited to,
invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of
verifying any and all charges made by CONSULTANT in connection with this Agreement.
CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final
payment to 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 PROJECT
services, nor be disclosed to an entity not connected with the performance of the PROJECT
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
\LAC \322432.04 -I-
(or caused to be prepared) under this Agreement shall be the property of CITY, but
CONSULTANT may retain and use copies thereof subject to Paragraph E immediately above.
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 PROJECT. However, CONSULTANT shall not be responsible
for damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
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
Gilr , CA 95020
CONSULTANT:
�Y
J. FEDERAL FUNDING REQUIREMENTS.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 23,
Code of Federal Regulations (49 CFR 23) and the City- adopted Disadvantaged
Business Enterprise programs, and agrees to subcontract designated portions of
the work to Caltrans' certified DBE's (see Local Program Manual Vol. I, Section
11, page 27, attached).
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to
determine the allowable cost for individual items.
\LAC \322432.04 -4-
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.
\LAC \322432.04 -5-
Santa Teresa Boulevard Widening and Mantelli Drive Gap Closure Project
ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
Prepared for: City of Gilroy
Job No: 35- 100063
Date: 02101/2000
Prepared By: Garrett Gritz
Page 1 h:\ gp6\ pdata435100063\rxoposa[\RBFhours
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I-rojecit
uesign
Principal
Manager
Engineer
Engineer
Tech.
Clerical
Survey
Final Hours
Final Fee
Hours
Hours
Hours
Hours
Hours
Hours
Crew Hours
Total
Total
Preliminary Engineering
PHASE 1
Task 1.1
Kickoff Meeting
8
8
0
0
0
8
0
24
$2,680.00
1.2
Research, Investigation and Field Review
6
24
24
32
0
8
0
94
$9,030.00
1.3
Field Topographic Surveys
4
48
0
124
0
0
192
368
$$8,560.00
1.4
Storm Drain Assessment
4
12
24
48
0
12
0
100
$8,580.00
1.5
Geometric Approval Drawings
12
72
96
72
0
0
0
252
$25,500.00
1.6
Preliminary Cost and Quantity Estimate
4
12
0
36
0
36
0
88
$6,480.00
1.7
Preliminary Desi n Report
4
60
0
0
0
24
0
88
$9,240.00
1.8
Landscape Concept Plan and Rendering
0
0
40
0
0
0
0
40
$3,800.00
1.8a
Supplemental Concept Plan and Rendering (Optional)
0
0
40
0
0
0
0
40
$3,800.00
1.9
Project Management, Project Coordination
8
24
0
0
0
16
0
48
$5,040.00
Subtotal -PHASE 1
50
260
224
312
0
104
192
1142
$123,710.00
PHASE 2
Environmental Document
Task 2.1
Environmental Kickoff Meeting
0
4
0
4
0
0
0
8
4
$800.00
$400.00
22
Prepare Project Description
0
2
0
2
0
0
0
0
0
0
3
$325.00
2.3
Prepare and Issue Notice of Preparation
0
0
2
100
0
50
1
280
0
100
0
530
$42,750.00
2.4
Prepare and Issue Administrative Draft EIR
0
20
0
10
0
46
$3,950.00
2.5
Prepare and Issue Draft EIR and Notice of Completion
0
16
8
$800.00
2.6
Attend Public Hearings and EIR
0
4
0
0
4
28
0
0
0
16
0
0
76
$6,820.00
2.7
Prepare and Issue Administrative Final EIR
0
32
2
0
16
$1,440.00
2.8
Prepare Final EIR
0
0
6
4
0
0
8
12
0
0
6
0
22
$1,670.00
2.9
Preparation of Findings and Mitigation Monitoring
0
0
0
16
$2,000.00
2.10
Attend Public Hearings for Certification of EIR
0
16
0
0
2.11
Environmental Project Coordination Meetings
0
64
0
0
0
14
0
78
$8,630.00
Subtotal -PHASE 2
0
250
50
359
0
148
0
807
$69,585.00
PHASE 3
Final Plans, Specifications and Estimates
Task 3.1
Street Improvement Plans
8
68
128
152
248
0
0
604
$49,500.00
3.2
Design Cross Sections
2
12
0
48
48
0
0
0
0
110
148
$8,550.00
$11,620.00
3.3
Storm Drain Improvement Plans
4
8
24
8
40
20
72
28
16
0
76
$5,300.00
3.4
Waterline, Utility Relocation Plans and Notifications
0
4
0
0
220
$18,060.00
3.5
Traffic Signing and Striping Plans
4
8
24
16
48
60
48
80
96
120
0
0
284
$22,820.00
3.6
Traffic Signal and Street Light Plans
0
8
12
16
32
0
0
68
$5,420.00
3.6a
Traffic Signal Interconnect System
8
10
26
36
0
0
80
$6,240.00
3.6b
Traffic Signal Timing and Coordination Plans
0
0
0
8
$760.00
3.6c
Intersection Turning Movement Traffic Counts
0
0
8
0
0
0
0
0
150
$14,250.00
3.7
Landscape Construction Drawings
0
4
0
24
150
48
0
48
96
0
0
220
$18,060.00
3.8
Construction Staging/Traffic Control Plans
2
24
24
0
48
0
0
98
$8,730.00
3.9
Legal Descriptions and Exhibits
6
0
24
0
8
0
40
$3,240.00
3.10
Final Quantity and Cost Estimates
2
8
12
24
0
0
16
0
60
$5,820.00
3.11
-312
Specifications
24
24
0
0
0
0
0
48
$6,960.00
Meeting Attendance
16
32
0
0
0
0
0
48
$6,640.00
3.13
Project Management
4
24
8
0
0
8
0
44
$4,780.00
3.14
Government Processing
Subtotal - PHASE 3
86
294
552
502
824
48
0
2306
$196,750.00
PHASE 4
Construction Support Services
Task 4.1
Construction Control -Survey
0
4
0
0
0
0
0
0
8
0
12
20
$1,900.00
$2,660.00
4.2
Bid and Award Support Services
4
16
0
0
0
0
0
0
64
$7,600.00
4.3
Construction Support Services
8
32
1 24
0
0
52
$4,980.00
4.4
As -Built Record Drawings
4
16
8
0
24
u tots -
15
HOURSTOTAL
152
872
858
1173
848
300
2001
4403
$407,185.00
Hourly Rate
165.00
125.00
95.00
75.00
65.00
45.00
175.00
Fee Total
$25,080.00
$109,000.00
$81,510.00
$87,975.00
$55,120.00
$13,500.00
$35,000.00
$407,185.00
Reimbursable Budget
$15,000.00
Total
422,1
Page 1 h:\ gp6\ pdata435100063\rxoposa[\RBFhours
Revised January 27, 2000
Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 1 of 25
EXHIBIT "A"
SCOPE OF WORK
SANTA TERESA BOULEVARD WIDENING
AND MANTELM DRIVE GAP CLOSURE PROJECT
The project will consist of widening Santa Teresa Boulevard from First Street to
Mantelli Drive and designing the gap closure of Mantelli Drive from Santa Teresa
Boulevard to Zinnea Way. This work will include an EIR, two (2) necessary traffic
signal modifications and a new signal at Mantelli Drive. Field survey, geometric
approval drawings and preliminary cost and quantity estimates will be prepared
for Santa Teresa Boulevard from First Street to Day Road (east). Submittals will
be made for Landscape and Engineering plans at the 50 %, 90% and final stage of
development.
PHASE I PRELIMINARY ENGINEERING
TASK 1.1 "KICKOFF" MEETING
Consultant will attend "kickoff meeting" with Project Team and other
agencies as directed by the City during the implementation of the
Work Program. Consultant will initiate the kick off meeting and
coordinate the required agency attendance and provide meeting notes
at the completion of the meeting.
TASK 1.2 RESEARCH. INVESTIGATION AND FIELD REVIEW
Consultant will research and review available data from First Street
to Day Road (east) for use and reference for preparation of the
Preliminary Plans and Final PS &E. Anticipated tasks include:
1. Perform field review of the site to verify record drawings
including:
a. Photo log of key project elements,
b. Current signing and pavement delineation,
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Contract Agreement for JN 35- 100063 Page 2 of 25
C. Document areas of distressed pavement and drainage
conditions,
2. Review "as- built" drawings against field conditions and aerial
topography and note corrections as required. Collect right -of-
way data and incorporate into base sheets.
3. Research and collect existing public records and communicate
with utility companies to determine size and location of wet
and dry utilities and incorporate into base sheets.
TASK 1.3 FIELD TOPOGRAPHIC SURVEYS
Consultant will perform field cross sections at 50' intervals from
right -of -way to right -of -way. Spot elevations will be obtained at
pavement joins and at other locations where existing vertical and
horizontal localized survey data is needed for design. Locations of
surface features will be collected including, but not limited to,
existing sound wall heights, fire hydrants, utility structures and other
manmade features not identified by the aerial topography.
Consultant will provide a topographic map file in AutoCAD, Version
14 format derived form the field survey. Mapping will cover the limits
of the project and will be compiled at a scale of 1" =40'. Field surveys
will also include a 10' X 10' spot elevation grid at three intersections
to be utilized for the intersection designs. This survey will extend
from First Street to Day Road (east).
TASK 1.4 STORM DRAINAGE ASSESSMENT
Consultant will conduct a review of the existing drainage patterns,
and conduct a hydrology analysis for the proposed new and relocated
catch basins. This assessment will extend from First Street to Day
Road (east). Formal drainage studies and hydraulic analysis of the
existing systems are excluded from this scope of work.
TASK 1.'5 GEOMETRIC APPROVAL DRAWINGS
Consultant will prepare preliminary drawings at a scale of 1" = 40'
which will reflect the field information, detailing number of lanes and
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 3 of 25
widths, required right -of -way, if any, horizontal alignment,
transitions, and join conditions to gain City and other agency
approvals of the preliminary drawing before commencing with final
plans, specifications and estimates. Typical sections will be included.
Geometrics will illustrate transition from the existing improvements
south of First Street to join the proposed improvements north of First
Street. Geometrics will illustrate transition from the existing
improvements north of Mantelli Drive to the proposed improvement
south of Mantelli Drive. Geometrics will illustrate the join conditions
east and west of Santa Teresa Boulevard on First Street, Welburn
Drive and Mantelli Drive. Geometrics of Mantelli Drive from Santa
Teresa Boulevard to Zinnea Way will be included. Preliminary utility
information collected as a result of utility notifications will be shown
on the preliminary improvement plans for information purposes.
Plans will be provided at approximately a 30% level of completion.
Geometric Approval Drawings will also be provided from the proposed
Santa Teresa Boulevard widening at Mantelli Drive to Day Road
(east). The GAD will be provided as one complete set from First Street
to Day Road (east).
TASK 1.6 PRELIMINARY COST AND QUANTITY ESTIMATE
Consultant will prepare one (1) preliminary quantity take off and
budgetary cost estimate in accordance with Client requirements
based on the preliminary plans using unit prices from the most
current Client and City of Gilroy provided data to assist the City with
budgeting and prioritizing the improvements based on the 30% level
of plan completion. This estimate will be submitted in two sections
- one from First Street to Mantelli Drive and one from Mantelli Drive
to Day Road (east).
TASK 1.7 PRELIMINARY DESIGN EVALUATION REPORT
Consultant will prepare a preliminary design report to accompany the
geometric approval drawings presented under Task 1.5 and the
preliminary cost estimate present under Task 1.6. The report shall
identify potential alternative solutions and project scope depending
upon the budget constraints of the project. The report shall evaluate
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Contract Agreement for JN 35- 100063 Page 4 of 25
the cost differences between the various pavement structural sections
and AC overlay scenarios, and identify the storm drainage
assessment findings.
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Revised January 27, 2000
Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 5 of 25
TASK 1. S LANDSCAPE CONCEPT PLAN AND RENDERING
Consultant shall prepare one (1) presentation quality Landscape
Concept Plan for the project area between First Street and Mantelli
Drive at a minimum scale of 1" = 20'. The plans will be prepared
based on site opportunities and constraints, Client goals and
objectives and the design requirements of the City of Gilroy. The plan
shall depict landscape design concepts, plant palette and plant sizes.
The plan will be rendered in color on base maps prepared by
Consultant under a separate task. The plan and a preliminary
estimate of construction costs will be submitted to the Client for
review, comment and approval.
TASK 1.8A SUPPLEMENTAL LANDSCAPE CONCEPT PLAN AND RENDERING
(Optional)
At the City's request, Consultant shall prepare a second Landscape
Concept Plan and Rendering based on new criteria provided by the
Client. The scope of services shall conform to Task 1.8 above.
TASK 1.9 PROJECT MANAGEMENT, PROGRESS REPORT AND PROJECT
COORDINATION
Consultant will provide project management, general project
coordination, scheduling, and progress reporting. RBF will submit
monthly progress reports which include progress to date,
identification of problem areas, evaluations, recommendation and
steps for the Project Team to follow to resolve issues.
PHASE II ENVIRONMENTAL DOCUMENT
The EIR shall be prepared in accordance with the California
Environmental Quality Act(CEQA) and the CEQA Guidelines. The
scope of work includes the following tasks and will extend from First
Street to Day Road (east):
TASK 2.1 PROJECT KICK-OFF/ INTERNAL SCOPING MEETING (1
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 6 of 25
The purpose of this task is for RBF's EIR Manager to participate in a
project kick- off /internal scoping meeting with City staff to discuss
and confirm the project approach, responsibilities and schedules,
identify information needs, and discuss other relevant issues to begin
the CEQA process. This task is also intended to ensure that the end
result of the project is a technically accurate and legally defensible
EIR.
Products: 1. Attendance at one kick -off meeting.
2. Prepare meeting summary and detailed schedule.
TASK 2.2 PREPARE PROJECT DESCRIPTION
A critical aspect of preparing a defensible environmental document
is to accurately describe the project. RBF's environmental and
engineering staff will work closely to define the project improvements.
The EIR project description will include discussions regarding the
regional and local setting, project history, project objectives, project
characteristics, including any discretionary actions required by the
City, and the intended uses of the EIR (as required by Section
15124[d] of the State CEQA Guidelines), including a list of
responsible and other agencies expected to use the EIR in decision
making, and a list of approvals for which the EIR will be used.
Products: 1. Draft Project Description (6 copies).
2. Final Project Description (10 copies).
3. List of responsible and trustee agencies.
4. Descriptions of alternatives to be carried forward
in the EIR.
TASK 2.3 PREPARE AND ISSUE NOTICE OF PREPARATION
RBF will be responsible for preparing and issuing the CEQA required
Notice of Preparation.
Products: 1. Draft Notice of Preparation (5 copies for review).
2. Final Notice of Preparation (20 copies).
TASK 2.4 PREPARE AND ISSUE ADMINISTRATIVE DRAFT EIR
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 7 of 25
The Administrative Draft EIR will document the existing setting,
identify thresholds of significance to be used for determining
significance of the impacts, conduct impact evaluations, and
formulate mitigation measures. The level of significance of the
impacts both before and after mitigation will be identified. Our scope
of analysis is based on a review of the background studies and a site
visit. Growth- inducing and cumulative impacts will be comprehen-
sively evaluated separately in the EIR.
a. Geology/ Soils: Existing information as supplemented with the
engineering studies will be used to prepare this section of the
EIR. Mitigation measures will be recommended to reduce or
eliminate any adverse geology /soils impacts.
RBF will also prepare a hazardous material investigation. The
purpose of this analysis is to identify potential environmental
hazardous material sites resulting from previous and /or
current land uses. A records search will be conducted of local,
state and federal regulatory agencies to identify known
hazardous material sites. This background search of
hazardous spills or contamination areas will cover a one -half
mile radius around the project area. Follow up calls will be
made to regulatory agencies to clarify the status of documented
hazardous material sites. Based on the data compiled, RBF
will interpret the information and provide conclusions
regarding the potential existence of hazardous materials in the
project area. If necessary, recommendations for subsequent
investigations will be made.
b. Surface Water Hydrology: Existing information as
supplemented with the engineering studies will be used to
prepare this section of the EIR. Mitigation measures will be
recommended to reduce or eliminate any adverse land use
impacts.
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 8 of 25
C. Land Use: Existing land uses will be mapped for approximately
500 feet on each side the roadway improvements. The land use
section will evaluate the project in relation to existing and
proposed land uses and City General Plan and policies.
Impacts will be assessed for both short-term construction and
long -term operations impacts. Mitigation measures will be
recommended to reduce or eliminate any adverse land use
impacts.
d. Traffic: RBF will prepare a traffic analysis which documents
existing and forecast traffic operating conditions along the
proposed roadway. The existing conditions section will
describe the existing roadway conditions within the
improvement segment, including peak hour intersection
operation of key intersections. Any existing operating
deficiencies (peak hour intersection operation at LOS C or
worse) will be identified. Based on forecast future volumes
provided by the City, future horizon year operating conditions
of the roadway improvement segment will be discussed and
documented with and without the proposed roadway
improvement project. If necessary, mitigation measures will be
recommended to achieve the City of Gilroy goal of peak hour
intersection operation of LOS C or better. The analysis will
also discuss the proposed improvement project's consistency
with the City of Gilroy General Plan (existing and proposed)
and related zoning ordinance, as well the County of Santa
Clara Congestion Management Program, the County's ultimate
plans for Santa Teresa Boulevard (expressway), and the South
County Joint Area Plan.
e. Air Quality: The air quality section will be prepared in
accordance with the Bay Area Air Quality Management District
CEQA Guidelines. Mobile source air quality emission will be
quantified for with and without project conditions. Impacts will
be assessed for both short -term construction and long -term
operations impacts. Mitigation measures will be recommended
to reduce or eliminate any adverse air quality impacts.
f. Noise: The noise section will focus on impacts to existing and
proposed residential land uses. The effectiveness of the
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Contract Agreement for JN 35- 100063 Page 9 of 25
existing sound wall will be quantified to determine if additional
height is required to adequately mitigate noise impacts. The
predicted noise levels will be compared to existing noise levels,
the appropriate General Plan Noise Element criteria, and to the
relative changes in overall noise levels, to define the potential
noise impacts due to the project. Noise mitigation measures
will be described where necessary and feasible for the project.
g. Biological Resources: Biotic Resources Group will prepare the
biological resources section of the EIR. The plant communities
within the surrounding area will be described in the existing
setting section, including a narrative of dominant plant species,
salient environmental features and the known /potential
occurrence of sensitive plant habitats (if applicable). An
analysis of potential impacts to biological resources from the
proposed development (and alternatives) will be conducted as
per CEQA requirements. Possible direct impacts that will be
evaluated include removal of large -sized native trees, alteration
of riparian woodland and /or wetlands, and removal of locally
unique or rare species/ habitats. A tree count will also be
conducted to document the number, species and size class of
trees in the project area and which trees may be impacted by
the project. The field surveys will ascertain the need, if any, for
focused species surveys. This would include the California
tiger salamander (known from the vicinity), the California red -
legged frog, and the burrowing owl.
h. Cultural Resources: A literature search shall be conducted to
determine if any sensitive resources have been previously
identified in the area. While none are expected, if the literature
search proves otherwise, an augment to the budget may be
necessary.
L Aesthetics: A visual impact assessment will be prepared to
document the visual intrusion of the proposed projects into the
surrounding view shed. Mitigation measures will be
recommended to reduce or eliminate any adverse aesthetic
impacts.
j. Public Services, Facilities, and Utilities: RBF staff will contact
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 10 of 25
potentially affected public service and utility purveyors to
assess impacts of the proposed project. At a minimum,
electrical, natural gas, water supply, sewer /wastewater,
agencies will be contacted to determine if any relocations are
necessary. Letters will be sent to the service and utility
agencies describing the proposed improvements. Written
responses will be requested documenting existing and planned
facilities in the immediate area. Impacts will be assessed for
both short -term construction and long -term operations
impacts. Mitigation measures will be recommended to reduce
or eliminate any adverse land use impacts. This research will
be coordinated and utilized with Task 1.2 of the proposal.
k. Significant Unavoidable Adverse Impacts: RBF will discuss all
significant unavoidable adverse impacts, in conformance with
the State CEQA Guidelines, Section 15126(b). Included in the
discussion will be any impacts that can be partially mitigated,
but not to a level that is less than significant. Any mitigation
measures considered, but eliminated from suggestion because
of new impacts that would be associated with their
implementation, will also be discussed.
1. Cumulative Impacts: RBF will evaluate cumulative impacts in
the EIR. The analysis will address known projects, either
approved or proposed (applications on file), within a defined
area around each proposed project site. The cumulative impact
assessment will be based on reasonably anticipated potential
development projects that may, in combination with the
proposed project, create adverse environmental impacts. The
focus of the cumulative impact analysis is anticipated to be 'on
traffic, air quality, biological resources, and noise.
M. Growth - Inducing_ Impacts: Pursuant to Section 15126(g) of the
State CEQA Guidelines, RBF will discuss in the EIR any
potential growth- inducing impacts of the proposed project.
Potential sources of growth inducement and their
corresponding impacts, such as removal of obstacles to growth,
major new employment generation, or major economic
influences, will be qualitatively analyzed, to the extent that
they are applicable.
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Revised January 27, 2000
Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 11 of 25
n. Alternatives: Based on the engineering studies and direction
from the City, RBF will prepare the alternatives section of the
EIR. The alternatives anticipated to be addressed in the EIR
include:
1. No Project;
2. Alternative improvement design to mitigate an impact.
As required by the State CEQA Guidelines, RBF will
discuss the advantages and disadvantages of each
alternative and the reasons for rejecting or
recommending it. The environmentally superior
alternative will be identified. A summary table of the
alternatives and their associated impacts will be
provided in the EIR summary.
o. Executive Summary: RBF will prepare an executive summary,
presenting the significant conclusions of the EIR for the
projects, in a manner that is easily understood by the public.
A summary table of the alternatives analyses will also be
presented, as will issues still to be resolved and issues subject
to potential controversy.
P. Other CEQA
Sections: Prepare other CEQA- mandated sections
of the EIR
as follows:
a.
Table of Contents;
b.
Irreversible and Irretrievable Commitment of
Resources;
C.
Effects Found Not to Be Significant;
d.
List of Organizations and Persons Consulted;
e
Preparers of the Environmental Document;
f.
References; and
g.
Appendices.
Product: 1. Administrative Draft EIR (6 copies).
TASK 2.5 PREPARE AND ISSUE DRAFT EIR AND NOTICE OF COMPLETION
RBF will respond to City staff comments on the Administrative Draft
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 12 of 25
EIR, complete necessary revisions, and print the Draft EIR for public
circulation. Revisions to the Administrative Draft EIR will be
completed, pursuant to the scope of work. RBF will prepare and
print copies of the Draft EIR for public circulation. A Notice of
Completion will be prepared for the State Clearinghouse. A legal
notice will also be prepared for inclusion in a newspaper of general
circulation.
Products: 1. Draft EIR (50 copies).
2. Draft EIR Appendices (50 copies).
3. Notice of Completion (5 copies).
TASK 2.6 ATTEND PUBLIC HEARINGS ON DRAFT EIR
RBF staff will attend up to two public hearings on the Draft EIR to
develop an understanding of the public's comments and concerns, to
be available to answer questions regarding environmental issues, and
to make presentations on the Draft EIR.
Product: 1. Attendance at up to two public hearings on the
Draft EIR.
TASK 2.7 PREPARE AND ISSUE ADMINISTRATIVE FINAL EIR
RBF will prepare an Administrative Final EIR, with written responses
to comments received on the Draft EIR that raise significant
environmental issues. RBF will meet with City staff to review written
comments on the draft EIR to develop a general framework and
strategies for preparation of responses. The Administrative Final EIR
will include the full text of the Draft EIR as revised, with modified
portions of the Draft EIR in redline /strikeout format, along with a
summary of the public hearing, and a Comment and Responses
section.
Product: 1. Administrative Final EIR (6 copies).
TASK 2.8 PREPARE FINAL EIR
RBF will prepare a Final EIR that incorporates City staff comments
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 13 of 25
on the Administrative Final EIR. RBF will print the Final EIR for
certification and adoption.
Product: 1. Final EIR (20 copies).
TASK 2.9 PREPARATION OF FINDINGS/ MITIGATION MONITORING PROGRAM
RBF will prepare the necessary findings and statement of overriding
considerations for the project. To comply with the Public Resources
Code Section 21081.6 (AB 32180), RBF will also prepare a Mitigation
Monitoring and Reporting Program for the project. RBF will work
with City staff to identify appropriate monitoring steps/ procedures
and in order to provide a basis for monitoring such measures during
and upon Project implementation.
Products: 1. Draft and Final Findings and a Statement of
Overriding Considerations.
2. Draft and Final Mitigation Monitoring and
Reporting Program (5 copies).
TASK 2.1 O ATTEND PUBLIC HEARINGS FOR CERTIFICATION OF EIR AND FILE
NOTICE OF DETERMINATION
RBF will prepare and deliver presentations at the City's hearings for
certification of the Final EIR and will respond to questions raised
during the hearings. Upon certification, RBF will prepare and issue
a Notice of Determination, in compliance with CEQA Guidelines.
Products: 1. Attendance by the EIR Manager at up to two public
hearings for Certification of the Final EIR.
2. Preparation of a Notice of Determination (5 copies).
TASK 2.11 PROJECT COORDINATION AND MEETINGS
RBF's EIR Manager will coordinate with City staff to ensure the timely
completion of the EIR. The EIR Manager will also attend meetings on
a regular basis with City staff.
Product: 1. Attendance by the EIR Manager at up to eight (8)
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 14 of 25
project meetings with City staff.
PHASE III FINAL DESIGN PLANS, SPECIFICATIONS AND
ESTIMATES
Phase III PS8&E extends from First Street to, and including, Mantelli
Drive. The portion of Santa Teresa Boulevard north of Mantelli Drive
is specifically excluded from this phase.
TASK 3.1 STREET IMPROVEMENT PLANS
Consultant shall prepare final plan and profile street improvements
at a scale of 1" = 40' based upon the approved geometric plans
developed under Phase 1. Milestone submittals will be provided at
90% and 100% level of completion for City review, comments and
approval. All plans will be completed in conformance with the latest
design and drafting standards of the City of Gilroy and Caltrans.
Plan sheets within the jurisdictional area of Caltrans will be in dual
units showing metric and imperial units. The plans on Santa Teresa
Boulevard will extend from approximately 600' south of First Street
to 600' north of Mantelli Drive. Full improvements will be designed
on Santa Teresa Boulevard from First Street to Mantelli Drive with
transitions developed south and north of the intersections,
respectively. Join condition transitions will be designed east and
west of Santa Teresa Boulevard on First Street, Welburn Drive, and
Mantelli Drive. Full improvements on Mantelli Drive from Santa
Teresa Boulevard to Zinnea Way will also be provided. Detailed
intersection designs will be developed for the four above mentioned
intersections with spot elevations shown on a 10'x 10' grid to assure
proper drainage through out the intersection. The following are the
anticipated plan sheets:
Plan Estimated Number of
Sheets
Title Sheet 1
Typical Cross Sections 2
Detail & Intersection Details 2
Plan and Profile 10
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Contract Agreement for JN 35- 100063 Page 15 of 25
TASK 3.2 DESIGN CROSS SECTIONS
Consultant will prepare design cross sections at a scale of 1" = 10'
horizontal and 1" =1' vertical which will show original ground, the
proposed improvements and removals. The design cross sections will
not be a part of the plan set, but will be presented in a 11" x 17"
booklet format for the City to verify design elements.
TASK 3.3 STORM DRAIN IMPROVEMENT PLANS
Consultant will prepare Storm Drain Improvement Plans at a scale of
1" = 40'. Plans will show any new inlets required and the relocation
of catch basins with appropriate lateral plan and profile extensions.
Main line storm drain improvements are excluded from this scope of
work. It is anticipated that three sheets of plans and details will be
required for this task.
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Contract Agreement for JN 35- 100063 Page 16 of 25
TASK 3.4 WATER LINE UTILITY RELOCATIONS PLANS/ NOTIFICATIONS
Consultant will utilize the utility information gathered under Phase
1 to prepare water line utility relocation plans (i. e. hydrants, meters)
for the project at a scale of 1" = 40'. This task also includes the
design of any new hydrants as may be required. It is anticipated that
two sheets will be required for this task.
Consultant will identify other utility owners within the sphere of the
project which may be affected by the proposed improvements.
Consultant will request locations for existing and proposed utilities,
including high risk utilities as identified by Caltrans. Consultant will
provide coordination interface to establish controls for utilities that
would be included within the right -of -way limits, identify agencies
responsible for the design and construction or relocation of said
utilities and contact each agency to determine what utilities
relocation efforts are required by this project. This task excludes
preparation of utility relocation plans which will be prepared by
others, if required.
Utility potholing, if required, will be by City forces or the serving
utility as appropriate. Consultant will request information and notify
utility at appropriate milestones as necessary.
TASK 3.5 TRAFFIC SIGNING AND STRIPING PLANS
Consultant will prepare Traffic Signing and Striping Plans at a scale
of 1 "= 40', with plan sheets to be double loaded. Plans will be
prepared in accordance with the "Caltrans Traffic Manual ", Standard
Plans and Specifications and the requirements of the City of Gilroy.
It is anticipated that six sheets will be required for this task.
TASK 3.6 TRAFFIC SIGNAL AND STREET LIGHT PLANS
Consultant will prepare Traffic Signal / Signal Modification Plans at
a scale of 1" = 20' for the three intersections on Santa Teresa
Boulevard at First Street, Welburn Avenue, and Mantelli Drive. Plans
will be prepare in accordance with the requirements of Caltrans and
the City of Gilroy. It is anticipated that four sheets will be required
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Contract Agreement for JN 35- 100063 Page 17 of 25
for this task.
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 18 of 25
Consultant will prepare Street Light Plans at a scale of 1" = 40'. Plan
sheets will be double loaded. Street light plans will be for Santa
Teresa Boulevard only. Plans will show location of street lights,
conduit and pull box location. Lighting wiring will be sized with
appropriate wiring diagrams. It is anticipated that four sheets will be
required for this task.
TASK 3.6A TRAFFIC SIGNAL INTERCONNECT SYSTEM
Consultant shall prepare plans for installation of traffic signal
interconnect conduit and wiring along Santa Teresa Boulevard from
State Route 152 to the adjacent (two existing and one new) traffic
signals. The plan will also show the installation of traffic signal
interconnect hardware / software at the controller cabinets.
The two (2) sheet plans shall be prepared at 1" =500' (or appropriate
standard unit) scale and in accordance with standards set forth by
the City and Caltrans.
The length of the proposed traffic signal interconnect is approximately
1/z mile.
TASK 3.6B TRAFFIC SIGNAL TIMING AND COORDINATION PLANS AND TIME
SPACE DIAGRAMS
As part of the RBF Project Team, Hartzog & Crabill Inc.(HCI), shall
prepare Traffic Signal Timing Plans and Coordination Plans including
Time Space Diagrams for the traffic signals at the following locations:
- Santa Teresa Boulevard at First Street
- Santa Teresa Boulevard at Welburn Avenue
- Santa Teresa Boulevard at Mantelli Drive (new traffic signal)
The following services will be provided under this task:
Arterial Analysis - Signal timing parameters, travel -time data,
twenty -four hour traffic counts and traffic signal plans will be
collected from the City of Gilroy to analyze each project intersection.
RBF will collect the peak hour traffic counts.
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 19 of 25
The collected data will be analyzed for the project roadway utilizing
timing optimization software. This analysis software will assist in the
development of the time -space diagram and the related coordination
timing plans which will include: Cycle, offset, split, and phase
sequencing for each signalized location.
"Free" timing parameters at each project intersection will be reviewed
and will recommend changes, if any are needed, that will improve the
overall operation of the traffic signal systems. Examples of free
timing parameters that would be reviewed are: Walk and walk
clearance intervals, minimum and maximum green times, yellow, red,
extension /gap times and other programmed options.
Three copies of the timing sheets will be provided for each
intersection.
Timing Plan Implementation - Upon approval of the timing plans
by the City, the timing plans will be implemented into the local
controllers for each project intersection. The implementation of the
timing plans into the local controllers will involve manually entering
the various timing parameters into the controllers and master
controller (if existing) .
Timing plan information will include the following: Revised "free"
timing, coordination timing (AM, Midday and PM), and any time -of-
day parameters.
Three copies of the timing sheets for each project intersection will be
provided to the City.
Calibration of Timing Plans - Following the implementation of the
final timing parameters, HCI will drive the corridor during the periods
when time -of -day plans are in operation and make fine tuning
adjustments. This calibration of the system will take place over a
period of three days to thoroughly observe vehicle progression and
any impacts to left- turning and side street traffic.
Products: 1. Traffic Signal Timing and Coordination Plans
2. Time Space Diagrams
3. Timing Sheets for Each Project Intersection
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Revised January 27, 2000
Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 20 of 25
TASK 3.6C INTERSECTION TURNING MOVEMENT TRAFFIC COUNTS
In order to develop the signal timing and coordination plans,
intersection turning movement traffic counts will be taken for the
morning, mid -day and afternoon peak hour at the three intersections.
Projectsion will be made for the east (unbuilt) leg of Mantelli.
It is estimated that the City will provide twenty -four hour traffic
counts to assist in the development of the signal timing and
coordination plans.
Product: 1. Morning, Mid -day and Afternoon Intersection
Turning Movement Traffic Counts (3 intersections)
Bxchtsions - Any work relating to the following items are specifically
excluded from the engineering services but may be added as
additional services for an additional fee:
2. Left Turn/Right Turn Storage Report
3. Additional Traffic Engineering Reports
4. Subconsultant Meeting Attendance
5. Additional Peak Hour Traffic Counts
6. Twenty -Four Hour Traffic Counts
7. Additional Timing Sheets and Coordination Plans
TASK 3.7 LANDSCAPE CONSTRUCTION DRAWINGS
Consultant shall prepare one (1) set of Landscape Construction
Drawings including plans, specifications and estimates in sufficient
form and detail to publically bid and construct landscape
improvements. The plans will be prepared in AutoCADD 14 at a
minimum scale of 1" = 20' on base sheets prepared by Consultant
under a separate task. The plans will be prepared based on the
approved Landscape Concept Plan. The plans shall include two (2)
irrigation plan sheets, two (2) planting plan sheets and one (1)
planting and irrigation detail sheet.
TASK 3.8 CONSTRUCTION STAGING / TRAFFIC CONTROL PLANS
Consultant will prepare a two phase stages construction plans for
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 21 of 25
this project. Plans will be developed at a scale of 1" = 40' double
loaded. Plans will be prepared in accordance with the "Standard
Plans" and the "Manual of Traffic Control for Construction and
Maintenance Work Zones" published by Caltrans or the work area
Traffic Control Handbook published by Building News, Inc. Typical
phasing details will be provided. It is anticipated that six (6) sheets
will be required for this task.
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 22 of 25
TASK 3.9 LEGAL DESCRIPTIONS AND EXHIBITS
Consultant shall provide the following legal descriptions and exhibits
for the right -of -way acquisitions.
1. Two (2) exhibits and descriptions for the right -of -way conflicts at El
Dorado Drive.
2. Four (4) exhibits and descriptions for the right -of -way conflicts at the Welburn
Avenue intersection.
3. Two (2) exhibits and descriptions for the right -of -way conflicts on the west
side of Mantelli Drive.
4. One (1) exhibit and description to close the gap on Mantelli Drive east of
Santa Teresa Boulevard.
TASK 3.10 FINAL QUANTITY AND COST ESTIMATES
Consultant will prepare final quantity take off and cost estimates for
each plan submittal at 90% and 100 %. The final quantity take off
will utilized in the preparation of the bid schedule.
TASK 3.11 SPECIFICATIONS
Consultant will prepare contract documents in accordance with the
requirements of Caltrans and the City of Gilroy. The City will provide
its current `boilerplate" contract forms, general conditions, and
general provisions on a diskette in Word format. Consultant will
modify this "boilerplate" information and add the technical provisions
for this Project utilizing Caltrans specifications in applicable areas.
TASK 5.12 MEETING ATTENDANCE
Consultant will attend up to six (6) coordination meetings with the
City and other agencies during the implementation of Phase II.
Consultant will arrange meetings, provide discussion materials and
agendas and develop and distribute meeting notes.
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Revised January 27, 2000
Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 23 of 25
TASK 3.13 PROJECT MANAGEMENT
Consultant will provide project management, liaison with affected
entities, progress monitoring and maintenance of project files.
Consultant will supervise, coordinate, monitor and review design for
conformance with City standards, policies and procedures.
Consultant will prepare an action item matrix, document all project
decision and distribute correspondence copies.
TASK 3.14 GOVERNMENT PROCESSING
Consultant will prepare encroachment permits for the City for
submittal to Caltrans and the County of Santa Clara. Consultant
shall coordinate, provide review and obtain Caltrans and County
approval for these permits.
PHASE IV CONSTRUCTION SUPPORT SERVICES
Phase IV Support Services extend from First Street to, and including,
Mantelli Drive. The portion of Santa Teresa Boulevard north of
Mantelli Drive is specifically excluded from this phase.
TASK 4.1 CONSTRUCTION CONTROL SURVEY
Consultant will provide control utilized during the field survey phase
to the project contractor. Project datum and coordinates for control
will be provided on the project plans. One eight (8) hour field crew
day has been included in this task to re- establish the control, if
needed.
TASK 4.2 BID AND AWARD SUPPORT SERVICES
Consultant will provide services during the bidding phase of the
project by responding to questions, preparing addenda, and final
review of bids, if requested by the City. This task is limited to a
maximum of twenty (20) hours.
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 24 of 25
TASK 4.3 CONSTRUCTION SUPPORT SERVICES
Consultant will provide services during the construction phase of the
project by responding to questions, preparing plan revisions as
required and the review of any shop drawings. Services will be
provided on a time and material basis within the budget established
under the fee section.
TASK 4.4 AS -BUILT RECORD DRAWINGS
Consultant will prepare one set of duplicate mylars "As- Builts" record
plans based on markings provided by Contractor during construction.
EXCLUSIONS
The following are excluded from the scope of work;
1. Formal drainage studies, with the exception of drainage calculations as necessary to support
any proposed drainage system modification to be designed in Phase I.
2. Geotechnical and pavement analysis and or reports. As discussed with City staff, any
updating of the existing data and/or supplemental studies (if required) can be contracted
directly by the City with the existing Geotechnical Consultants.
3. Utility Relocation Plans other than water relocation plans.
4. Storm Water Pollution Prevention Plan/Notice of Intent.
5. Construction staking, inspection, administration, construction quantity calculations and
management.
6. Soundwall and retaining wall design and permitting.
7. Utility design for sewer in Mantelli Drive.
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 25 of 25
EXHIBIT "C"
"PAYMENT SCHEDULE"
SANTA TERESA BOULEVARD WIDENING
AND MANTELLI DRIVE GAP CLOSURE PROJECT
The total payment to CONSULTANT for all work, service, material, equipment and
incidentals necessary for performing and completing the Tasks set forth in this
agreement, shall be for the sum of $422,185.00.
CITY shall compensate CONSULTANT in proportion to the services performed and
invoiced to the CITY as outlined below, subject to Article 4 of this agreement.
PHASE I PRELIMINARY ENGINEERING
TASK
DESCRIPTION
TEE
Task 1.1
"Kickoff' Meeting
$2,680.00
Task 1.2
Research, Investigation and Field Review
$9,030.00
Task 1.3
Field Topographic Surveys
$49,560.00
Task 1.4
Storm Drainage Assessment
$8,580.00
Task 1.5
Geometric Approval Drawings
$25,500.00
Task 1.6
Preliminary Cost and Quantity Estimate
$6,480.00
Task 1.7
Preliminary Design Evaluation Report
$9,240.00
Task 1.8
Landscape Concept Plan and Rendering
$3,800.00
Task 1.8a
Supplemental Landscape Concept Plan and
$3,800.00
Rendering (Optional)
Task 1.9
Project Management, Progress Report and
$5,040.00
Project Coordination
Phase I Subtotal
$123,710.0
0
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 26 of 25
PHASE II ENVIRONMENTAL DOCUMENT
TASK
DESCRIPTION
FEE
Task 2.1
Project Kick -Off / Internal Scoping Meeting
$800.00
Task 2.2
Prepare Project Description
$400.00
Task 2.3
Prepare and Issue Notice of Preparation
$325.00
Task 2.4
Prepare and Issue Administrative Draft EIR
$42,750.00
Task 2.5
Prepare and Issue Draft EIR and Notice of
$3,950.00
Completion
Task 2.6
Attend Public Hearings on Draft EIR
$800.00
Task 2.7
Prepare and Issue Administrative Final EIR
$6,820.00
Task 2.8
Prepare Final EIR
$17440.00
Task 2.9
Preparation of Findings / Mitigation Monitoring
$1,670.00
Program
Task 2.10
Attend Public Hearings for Certification of EIR
$27000.00
and File Notice of Determination
Task 2.11
Project Coordination and Meetings
$8,630.00
Phase II Subtotal
$69,585.00
PHASE III FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIMATES
TASK DESCRIPTION FEE
Task 3.1 Street Improvement Plans $49,500.00
Task 3.2 Design Cross Sections $8,550.00
Task 3.3 Storm Drain Improvement Plans $11,620.00
Task 3.4 Water Line Utility Relocations Plans / $5,300.00
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Revised January 27, 2000
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Contract Agreement for JN 35- 100063 Page 27 of 25
PHASE IV CONSTRUCTION SUPPORT SERVICES
TASK DESCRIPTION FEE
Task 4.1 Construction Control Survey $1,900.00
Task 4.2 Bid and Award Support Services $2,660.00
Task 4.3 Construction Support Services $77600.00
Task 4.4 As -Built Record Drawings $4,980.00
Phase IV Subtotal $17,140.00
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Notifications
Task 3.5
Traffic Signing and Striping Plans
$18,060.00
Task 3.6
Traffic Signal and Street Light Plans
$22,820.00
Task 3.6a
Traffic Signal Interconnect System
$5,420.00
Task 3.6b
Traffic Signal Timing and Coordination Plans
$6,240.00
Task 3.6c
Intersection Turning Movement Traffic Counts
$760.00
Task 3.7
Landscape Construction Drawings
$14,250.00
Task 3.8
Construction Staging / Traffic Control Plans
$18,060.00
Task 3.9
Legal Descriptions and Exhibits
$8,730.00
Task 3.10
Final Quantity and Cost Estimates
$3,240.00
Task 3.11
Specifications
$5,820.00
Task 3.12
Meeting Attendance
$6,960.00
Task 3.13
Project Management
$6,640.00
Task 3.14
Government Processing
$4,780.00
Phase III Subtotal
$196,750.0
0
PHASE IV CONSTRUCTION SUPPORT SERVICES
TASK DESCRIPTION FEE
Task 4.1 Construction Control Survey $1,900.00
Task 4.2 Bid and Award Support Services $2,660.00
Task 4.3 Construction Support Services $77600.00
Task 4.4 As -Built Record Drawings $4,980.00
Phase IV Subtotal $17,140.00
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 28 of 25
TASK DESCRIPTION FEE
Reimbursable Budget
$15,000.00
Reimbursable Subtotal $15,000.00
Professional Services Total $422,185.0
0
Blueprinting, reproduction, messenger service and other direct expenses will be
charged as additional costs plus a fifteen percent (15 %) handling fee. A
Subconsultant Management Fee of fifteen percent (15 %) has be added to the direct
cost of any subconsultant services to provide for the costs of administration,
subconsultant consultation and insurance.
The fees proposed herein shall apply until December 31, 2000. Due to ever -
changing costs, Consultant will increase those portions of the contract fee for
which work must still be completed after December 31, 2000, by ten - percent
(10 %) .
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 29 of 25
EXHIBIT "D"
"MILESTONE SCHEDULE"
SANTA TERESA BOULEVARD WIDENING
AND MANTELLI DRIVE GAP CLOSURE PROJECT
Deliverable
Schedule
Tasks Complete for
3.14 (up to
Billing Purposes
Field Survey and Topo
2 weeks after Notice to
100% Submittal
Compilation
Proceed
3.14 (up to
Preliminary Design Report
5 weeks after Notice to
1.4 - 1.7, 1.9
Submittal
Proceed
2 weeks after receiving City
Landscape Concept Plan /
2 weeks after PDR Submittal
1.8
Rendering
Notice of Preparation
5 weeks after Notice to
2.1 - 2.3
Proceed
period
Issue Administrative Draft EIR
9 weeks after Notice to
2.4-2.5
1 week after City Final
Proceed
Construction Documents
90% Submittal
14 weeks after receiving City
3.1 -
3.14 (up to
check prints
90 %)
100% Submittal
3 weeks after receiving City
3.1 -
3.14 (up to
check prints
98 %)
Completed Documents
2 weeks after receiving City
3.1 -
3.14 (100 %)
check prints
Prepare and Issue
3 weeks after 45 day review
2.6-2.9
Administrative Final EIR
period
Final EIR
1 week after City Final
2.10-2.11
Review
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Robert Bein, William Frost & Associates December 8, 1999
Contract Agreement for JN 35- 100063 Page 30 of 25
Note - This schedule assumes a Notice to Proceed of December 21, 1999 and does
not include any review time by the City or other agencies.
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COMMUNITY DEVELOPMENT DEPARTMENT
Norman S. Allen, P.E., Director
Planning Division (408) 846 -0440 FAX (408) 846 -0429
Engineering Division (408) 846 -0450 FAX (408) 846 -0429
Building, Life & Environmental Safety Division (408) 846 -0430 FAX (408) 846 -0429
Housing & Community Development (408) 846 -0290 FAX (408) 846 -0429
NOTICE TO PROCEED
TO: RBF & Associates DATE: 6/1/2000
1981 North Broadway. Suite 235
Walnut Creek, CA 94596 -3817 PROJECT: ADDENDUM #1 to RFP261,
Final Design Plans, Specifications and
Estimates for the Santa Teresa Boulevard
Widening and Mantelli Drive Gap Closure Project
You are hereby given Notice to Proceed with the above - referenced project. The effective date of
this Notice to Proceed shall be 6/01/2000. Please acknowledge acceptance of this notice as provided
below, and return one copy to the City of Gilroy, Community Development Department, Engineering
Division, 7351 Rosanna Street, Gilroy, CA 95020.
Owner: Community Development Department
By:
Title: kc E._. L.r o`, ' E
Acceptance of Notice
Receipt of this Notice to Proceed
is hereb o ledged by:
this 'T' day of 2000.
By: lwl"L J, Zf 11"It2
Title: V. P,
7351 Rosanna Street, Gilroy, CA 95020