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HomeMy WebLinkAboutBengal Engineering - Tenth Street Bridge ProjectAGREEMENT FOR SERVICES (For design professional contracts over $5,000) This AGREEMENT made this 24th day of Aug us 2015 between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Bengal Engineering, Inc., having a principal place of business at 250 Big Sur Drive, Goleta, CA 93117. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on August 24, 2015 and will continue in effect through August 23, 2018 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. 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 4845 - 6718- 3385v1 LAC104706083 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 $223,088.00 for the preliminary design of the Tenth Street Bridge over Uvas Creek. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." 4845 - 6718- 3385v1 LAC104706083 ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made 4845- 6718- 3385v1 LAC\04706083 -3- basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; ® CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf, O 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 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. 4845 - 6718- 3385v1 _4_ LAC104706083 B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.I., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse 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. 4845 - 6718- 3385v1 _5_ LAC104706083 C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall use due professional care to comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable 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.. 4845 - 6718- 3385v1 _6_ LAC104706083 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. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. 4845 - 6718 -33850 _ LAC104706083 -� 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: Bengal Engineering, Inc. By: J Name: Scott Onishuk, PE Title: Director Social Security or Taxpayer Identification Number 20- 2027764 Approved as to Form City Attorrey 4845 - 6718- 3385v1 LAM04706083 CITY: CITY OF GILROY By: ta —�� Name: J. Edward Tewes Title: Interim Citv Administrator 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 Scott Onishuk, PE, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the Services required herein. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, David Stubchaer, PE shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.I. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has satisfactorily completed all of the Services, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such Services, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 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. 4845 - 6718- 3385v1 LAC104706083 Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. CONSULTANT'S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as "preliminary" or "for review only." All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. B. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable 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 4845 -6718- 3385v1 _10- LAM04706083 CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. F. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. G. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.E of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. 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. 4845- 6718- 3385v1 -11- LAC104706083 I. NOTICES. Notices are to be sent as follows: CITY: Rick Smelser, City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Bengal Engineering Inc. 250 Big Sur Drive Goleta, CA 93117 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. 0 If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4845 - 6718- 3385v1 -12- LAC104706083 EXHIBIT "B" SCOPE OF SERVICES PRELIMINARY DESIGN FOR THE TENTH STREET BRIDGE OVER UVAS CREEK 4845 - 6718- 3385v1 LAC104706083 Bengal Engineering's Scope of Professional Engineering Services To the City of Gilroy For the Preliminary Design of the Tenth Street Bridge Over Was Creek Looking southeast at site of proposed bridge: Bengal Photo Submitted to: Mr. David Stubchaer, PE Project Manager 1 ENGAIL `ENGINEERING INC 250 Big Sur Drive, Goleta, CA 93117 Phone: (805) 563 -0788 Contents 1. Project Management and Administration ........................................................... ............................... 3 2. Field Surveys and Mapping ................................................................................. ............................... 3 3. Preliminary Utility Research and Information Request ..................................... ..............................4 4. Preliminary Geotechnical Research .................................................................... ..............................4 5. Preliminary Engineering — Roadway Design ...................................................... ..............................5 6. Bridge Architecture / Bridge Aesthetics ............................................................ ............................... 6 7. Preliminary Hydraulics Memo ............................................................................. ............................... 7 Assumptions & Exclusions .......................................................................................... ..............................8 Bengal Engineering's Project Management Success .............................................. .............................10 Subcontractor's Proposals ......................................................................................... .............................12 FeeEstimate and Wage Rates .................................................................................... .............................14 Exhibit. C: Milestone Schedule ..................................................................................... ..............................0 ExhibitD: Payment Schedule ...................................................................................... ..............................D Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 1 Bengal Engineering's Work Plan The City of Gilroy has identified the need for a new bridge as part of the extension of 10th Street across Uvas Creek, near Gilroy High School. Bengal has been asked to prepare this scope of work for preliminary engineering and environmental documentation to begin the fast -paced design of the bridge. As our first order of work, Bengal will investigate and define: • The geometry of 10th Street (cross- section, alignment, profile) • The configuration of the bridge: length, span arrangement, support configuration • Arrangement of the intersection of 10th Street and Uvas Parkway • Approximate locations and heights of the retaining walls along Uvas Parkway • Access to the school, Santa Clara Valley Water District ( SCVWD) and City - owned properties • Impacts to the multi - purpose trail on top of the levee Bengal is well -known by Caltrans for quality work in highway and bridge design. In addition, Bengal has particular expertise in local bridge design, including large bridges nearby in Hollister, Santa Cruz, as well as the Cohansey Ave. Bridge, for the City of Gilroy. General Scope Our scope of services includes the following:. • Project management • Topographic mapping • Preliminary geotechnical recommendations • Utility investigation • Preparation of preliminary plans for the construction of a new bridge and approach roadway(s) to cross the creek and connect to the existing roadway network UNDERSTANDING AND APPROACH TO PROJECT We are familiar with key factors for the successful execution of the project, including; • Preservation of hydraulics within Uvas Creek • Compliance with SCVWD permit conditions • Compliance with FEMA guidelines • Sensitivity to the local residents and Gilroy High School • Providing appropriate bridge aesthetics and landscaping • Accommodating existing utilities • Accommodating a tight schedule • Following Caltrans guidelines for bridge design Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 2 • Providing staging and access to the construction contractor • Minimizing project construction costs • Enhancing /Preserving existing recreational trails This "Work Plan" identifies the key technical issues and scope for each task. The Bengal Team stands ready to provide the planning, engineering, and coordination necessary for the successful completion of the project. The discussions below demonstrate Bengal's commitment to identify key issues early, perform a detailed assessment of the various options, and then deliver a cost - effective solution. 1. PROJECT MANAGEMENT AND ADMINISTRATION BENGAL will manage the project by tracking the schedule, budget and value of the products produced. Work will include: a. Manage each task and milestone for the project b. Coordination with the City and Santa Clara Valley Water District c. Prepare for and attend project status meetings 2. FIELD SURVEYS AND MAPPING The Bengal Team will provide the base mapping and surface modeling for the work described herein. Work includes topographic mapping and right of way mapping for 10th street bridge and topographic strip mapping for 1 oth Street from Princevalle St. to the railroad tracks 500 feet east of Monterey Road. Deliverables: • Control network and panel layout for aerial map • Aerial mapping and surface modeling • Overlay of right -of -way mapping Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 3 3. PRELIMINARY UTILITY RESEARCH AND INFORMATION REQUEST BENGAL will prepare Utility Information Request letters to be sent to the various utility companies, along with the base plans, requesting the utility facility maps ( "Atlas Maps" and Record drawings) within the project limits. The City will provide atlas maps for sewer, water and storm drains. Deliverables: • Compilation of Utility Atlas maps and the responses to the utility response letters. Creation of a "response matrix ". This will be used in detailed design to accommodate utilities in the new structure. 4. PRELIMINARY GEOTECHNICAL RESEARCH In order to develop the concept for the bridge foundations, Bengal will research the existing log of test borings, and the Foundation Report (if available) for the nearby West Luchessa Ave. bridge over Uvas Creek. In addition, Bengal will research available Caltrans documents for nearby facilities and California Geological Survey /USGS information to generally define the most appropriate foundation system for the bridge and retaining walls. Retaining walls are also anticipated because of the close proximity to existing homes. Bengal will consider the best type of retaining walls, and investigate wall heights which may be required. Deliverables: • A limited Preliminary Foundation Report (PFR) will be prepared in accordance with the CALTRANS Memo -To- Designers (MTD) 1 -35, dated June 2008, and the "Guidelines for Structure Foundation Report", version 2.0, 2006, with adjustments and modifications necessary for LRFD design. No subsoil exploration and soil laboratory sample testing will be performed at this phase of the work. Our work for this initial phase is limited. The future "Detailed Design" will undertake the full geotechnical investigation required for the project. Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 4 5. Preliminary Engineering — Roadway Design Bengal will layout the new alignment of 10th street. On the west side, Bengal will use design prepared by Ruggeri- Jensen -Azar (RJA) for the construction of the Glen Loma Ranch project. Using this line and grade, 10th Street will be projected across Uvas Creek to join with the existing alignment of, east of Uvas Parkway, near Gilroy High School. Roundabout: 1 oth St / Orchard Drive Bengal will layout a proposed roundabout at the intersection of 10th Street and Orchard Drive using the City specifications. Challenges include the grading necessary to re- profile 10th street, drainage, roadside landscaping, available right -of -way, and the close proximity of the nearby intersection of both 9th Street and the high school driveway. Our work in this phase centers on studying the feasibility of this roundabout. 10th Street Roadway Profile: ADA Compliance ADA compliance will be key for project success, and the mild profile (5 %) allowed for ADA projects makes us aware that clearance to existing multi -use trail on top of the SCVWD levee will be a concern. We will investigate this to see if this trail will require modification to accommodate 10th street passing overhead. Geometric Approval Drawings The Geometric Approval Drawings (GADs) will define the alignment, profile and typical section of 10th Street from Glen Loma to the proposed roundabout at Orchard St. and the access road to the school, in addition to realigning the path on top of the SCVWD levee, if necessary to provide vertical clearance. The GAD will also generally define the location of retaining walls which may be needed along 10th street. The GAD will be prepared over the topographic mapping and existing right-of- way lines. Deliverables: • Typical Section Sheets • Layout Sheets • Profile Sheets Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 5 6. BRIDGE ARCHITECTURE / BRIDGE AESTHETICS Bengal has a strong record for developing bridges with special character and unique architecture. We anticipate that this bridge will include the following accents:: ® An appropriate texture on the column supports and wing walls Raised median, with textured infill and a barrier to prevent "Jay Walking" Pedestrian "lookouts" or "overlook ". This is a sidewalk extension on either side of the bridge, roughly centered over the creek, allowing pedestrians to enjoy the creek corridor from the new 10th Street Bridge. This task will proceed as follows: ® Bengal will provide bridge rail and retaining wall treatments to city in the format of past examples or cut sheets. ® City will then select two alternative "combinations" from the various elements for rendering work. Bengal will then create several computer - generated views of each of the two bridge alternatives. If the city would like pursue more alternatives, Bengal stands ready to work as directed; effort for this additional work will be determined should the city request it. Deliverables: Development of four alternative structure type (bridge) concepts based on the roadway geometry. These will be presented in the Caltrans "Alternative Planning Study" drawing format. • Cut sheets / Examples of bridge rail and texture alternatives (4 examples) Preparation of several computer- generated views of each of the 2 alternative bridge "combinations" will be prepared. Concept level Design for the Tenth Street Bridge over Was Creek Prepared for the City of Gilroy, August 5, 2015 Page 6 7. PRELIMINARY HYDRAULICS MEMO BENGAL will review existing FEMA Flood Insurance Map and consult with the SCVWD to understand the district permit requirements for the project. A detailed Hydrology & Hydraulics Study will be required at a later date for the completion of the environmental documents and bridge design. Effort for this work is not included in the proposal. Deliverables: • Preliminary Hydraulics Memo Concept level Design for the Tenth Street Bridge over Was Creek Prepared for the City of Gilroy, August 5, 2015 Page 7 ASSUMPTIONS & EXCLUSIONS 1. We assume stake holders will participate proactively throughout the course of the project. 2. We assume that the project will proceed uninterrupted. 3. Our work will focus on the geometric design of the roadways and the location and general configuration of the bridge to get this project underway. We assume that the project will proceed rather quickly into "detailed design ". 4. City will provide design linework, mapping and surface models for the Glen Loma development. 5. We assume that 10th on the Glen Loma side has been layed -out to accommodate the bridge without retaining walls 6. Progress plans and submittals will be prepared in reduced format (11x17 -inch) for review. City's "red lines" will be made on these reduced -sized drawings.. 7. Approval of GAD: We assume all interested parties will review the GAD "at the same time ", and the key roadway features, including access ramps and cross walk geometry, will be reviewed once. 8. Coordination with Santa Clara Valley Water District ( SCVWD): We will meet with SCVWD when the roadway geometry is defined, prior to starting work on the bridge design. At the time this proposal was prepared, we assume the bridge supports will be outside (land side) of the paved levee on the east side of the bridge, and at outside (land -side) of the top of physical bank of the Uvas Creek Channel on the west. 9. The site is thickly forested with trees, including oaks both in the Uvas Creek corridor and along the streets to the east. We assume that many of these trees will be impacted by construction. Our surveying effort for this stage does not include locating, identifying and measuring the trees. 10. Effort for coordination with review committees and organizations is not anticipated, and therefore is not included. 11. Roadway structural sections: We will use the typical section for the roadway used for the Glen Loma project to the southwest. 12. We assume the City will route the plans through the various City departments, as part of the individual reviews, and that these departments will interact with City Public Works staff. Concept level, Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 8 13. Evaluation of impacts such as construction traffic, detours, and storm water mitigation are not included in this phase. 14. Fees Schedule: Our fee schedule is based on our on -call contract. 15. Meetings: We have assumed effort for 4 meetings: 2 with SCVWD and 2 with City Staff 16. Effort to attend "Public Outreach" meetings is not included. 17. Utilities: We assume that the utility companies will cooperate with requests for information for our use. Budget for our utility work is based on this assumption; cooperation from the utilities companies is beyond our control. 18. Potholing of utilities and evaluation of "high risk underground utilities" is not included. 19. Fees for permits or review of submittals by others will be paid by the City. 20. The preliminary design phase is expected to provide necessary technical information to proceed with the environmental aspect of the project. Some of the refined technical details of the environmental support will be developed in the detail design phase. 21. Because of the tight time line available to design this project, understand that the city would like to begin design at once. At the time this proposal was prepared the scope for the environmental permitting necessary to build the project was undefined. Because we anticipate that there will be a need to coordinate the future environmental studies with our design work, we have provided a budget for this effort in our fee estimate. Concept level Design for the Tenth Street Bridge over Was Creek Prepared for the City of Gilroy, August 5, 2015 Page 9 BENGAL ENGINEERING'S PROJECT MANAGEMENT SUCCESS Consistently applied project management and quality control is required on all Bengal Engineering projects - -not only for our own work, but for our sub - consultants as well. Our successful management style is proven by our award - winning projects, including: ✓ 2015 APWA Central Coast Project of the Year: Main Street Bridge at Santa Rosa Creek, Cambria, CA ✓ 2015 ASCE Central Coast Bridge Project of the Year: Main Street Bridge at Santa Rosa Cr., Cambria, CA ✓ 2014 APWA Central Coast Project of the Year: San Jose Creek Capacity Improvement and Fish Passage Project, Goleta, CA ✓ 2008 APWA Central Coast Project of the Year: Widening of Betteravia Rd., Santa Maria, CA. Award for innovative fast -track design of improvements to an urban arterial street ✓ 2006 National Association of Counties: Achievement Award Winner – Roadway Repair – San Marcos Road, Santa Barbara, CA ✓ 2005 APWA Central Coast Project of the Year: Emergency Repair of San Marcos Road: Award for fast -track design and repair of a landslide- blocked roadway for Santa Barbara County, CA ✓ 2004 CSPE Project of the Year – 13th Street Bridge over Santa Ynez River, Vandenberg AFB, Lompoc, CA ✓ 2002 APWA National Project of the Year - -Suey Crossing Bridge in Santa Maria, CA ✓ 2003 APWA Award for Design Innovation -14 Million Gallon Water Reservoir for Carpinteria Valley Water District, Carpinteria, CA ✓ 2002 ASCE Central Coast Project of the Year —Suey Crossing Bridge, Santa Maria, CA ✓ 2002 APWA Central Coast Project of the Year, Heavy Structures — Laguna Sanitation District Expansion, Santa Maria, CA ✓ 2001 APWA Central Coast Project of the Year for Design Innovation -7 Million Gallon Water Reservoir, Santa Maria, CA Concept level Design for the Tenth Street. Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 10 Scott Onishuk, PE, Project Manager, The Single Point of Contact for the City The key to the successful completion of a project, on schedule and within budget, is a well- conceived Project Management Plan implemented by a committed and experienced Project Manager. Scott Onishuk, PE of Bengal Engineering with over 27 years of engineering experience, will be our Project Manager. Scott will be the single point of contact for this important City Contract. He will be responsible for managing project activities. He will be accountable to the City for successful execution of the project. Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 11 SUBCONTRACTOR'S PROPOSALS Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 12 Central Coast Aerial Mapping, Inc. 710 Fiero Lane, #24 San Luis Obispo, CA 93401 (805) 543 -4307 Fax (805) 543 -7257 Bengal Engineering 250 Big Sur Drive Goleta, CA 93117 JOB ESTIMATE DATE REF NO. 81512015 PROJECT- Gilroy 10th St. Project REV PROJECT DESCRIPTION.• This project will be executed using softcopy digital stereo plotters. The mapping scale will fie 1 " =20' with PCT This job will consist of approx. 107 acres of mapping. The maps will be delivered in an AutoCAD ( dwg) format. We will need 14 targets at the recommended target size of 5'x5'x1'. OUR ESTIMATED COMPLETION DATE FOR THIS PROJECT WILL BE APPROXIMATELY 17 WORKING DAYS AFTER CONTROL IS SUBMITTED AND FLIGHT & LAB WORK IS COMPLETE. Flight, Lab Work & Scanning A ero- Triangulation, Stereo Compilation & Editing of Topo contour map. DTM also included. 10th street from Princevalle to 500 feet east of Monterey Road Option: Aero - Triangulation, Stereo Compilation & Editing of Topo contour map. DTM also included. Seamless Color Digital Orthophoto(s) at 0.2' pixel resolution. Thank you for the opportunity, to assist you with this project. WOMAN 5 740 TOTAL: 1,950.00 7,350.00 1,200.00 1,350.00 $11,850.00 DLA)l MAUTHORIZING SIGNATURE Date $ Estimate must be signed and returned -- Beatri_ Fosse, Manager prior to initiating project. .a * By agreeing to this estimate, or initiating the project, the client acknowledges that our company will act as a subordinate to the client who must be an appropriate State Licensed Civil Engineer and or Professional Land Surveyor. This estimate is not valid after 60 days. *Estimated completion time and. flight schedules and are dependent upon weather conditions. Please verify accuracy of the ground control coordinates before submitting them to us. *Our jobs comply with the national map accuaq standards except where ground is not visible; such as heavy trees with no stereo images, clear areas in between trees with no stereo images, heavy brush, heavy shadows, or blind areas behind some structures or tall buildings. We comply with map accuracy standards from American Society for Photogrammetry and Remote Sensing and American Congress on Surveying and Mapping, printed by U.S. Department of the Interior, U.S. Geological Survey National Mapping Division file report 86 -005. REESE Water _ _,#O'& Land SURVEYING SERVICES August 04, 2015 Mr. Scott Onishuk, PE Bengal Engineering, Inc. 250 Big Sur Drive Goleta, CA 93117 1970 Partridge Drive San Luis Obispo, CA 93405 Tel/Fax: 805 -543 -5375 Dear Mr. Onishuk: Subject: GILROY 10th STREET BRIDGE PROJECT - LAND SURVEY WORK- REVISED Ver.2 Thank you for your inquiry about REESE Water & Land Surveying Services assisting with the subject project in the City of Gilroy (City). After a discussion with you about this project, I offer the following proposal for land survey work. This proposal supersedes prior proposals for the subject project. TASK A - AERIAL MAPPING: CONTROL & QA /QC SURVEY For this task I will: 1) establish 9 aerial control points for aerial mapping by others; 2) provide positions of the control points to the aerial mapping company; 3) perform a QA /QC check survey to verify accuracy of the aerial survey; 4) provide a report on datums and the level of accuracy according to the American Society for Photogrammetry and Remote Sensing (ASPRS) 1989 standards. Aerial target number and location are derived from flight plan and model layout by others. Unless other datums are specified, the horizontal datum will be NAD83 2011(2010.00), the vertical datum will be NAVD88. Mapping units will be US survey foot. A connection to the Santa Clara Valley Water District (SCVWD) benchmark system will be made. Aerial control point locations will be coordinated with the aerial mapping company for the project. This task will cost $5,600. TASK B - RIGHT OF WAY - DELINEATION GENERAL - The general purpose of this task is to provide linework that may be overlaid on the aerial mapping to depict parcels and other information in the Alternate Areas noted below. This task is intended to provide parcel location sufficient for engineering study and design to identify a subsequent specific project location. The data from this task are not intended to be, nor will they be, a full land survey subject to the statutory record of survey requirements (B &P Code §8700 et seq.). However, if facts or conditions are discovered during the performance of this task, the following statement will be in effect. DISCLOSURE REGARDING STATUTORY REQUIREMENTS - It is possible that a field survey could disclose heretofore unknown title or boundary issues that are outside the scope of task(s) above. By statute, certain conditions found in the course of a field survey mandate filing of documents (record of survey map, corner record). If such conditions are encountered, I shall apprise you of those conditions and give an estimate of time and costs (if any) that arise in connection with those conditions. Costs of preparation and filing of documents (if any) shall be paid for at time of such submittal to County Surveyor. Mr. Scott Onishuk, PE August 04, 2015 Page 2 of 4 RECORDS - Parcel and easement information will be derived from assessor information, recorded maps, recorded vesting deeds, SCVWD deeds and easement data, recorded documents and engineering drawings from the City (RECORDS). Title reports and their concomitant expense will not be included at this stage, but may be advisable after a specific project location is identified. However, without title reports it is possible that indication of easements or other rights (water, access, utilities, etc.) may not be obtained or shown at this stage that could affect engineering design and /or site selection. PARCEL IDENTIFICATION - From a preliminary review of assessor information, there are the following parcels involved in the areas designated by you in your project outline. Book Paige Parcels No. 799 13 051 to 059 9 799 30 001,002,005,006,007 5 799 36 006,008,009 3 799 38 009,010,032 3 799 40 002 to 007,061 7 799 41 001 to 037 38 799 47 047 to 060 14 799 48 001 to 018 18 808 19 006,007,020,021 4 808 20 A,008,024 3 808 33 002 1 808 35 045 to 057 13 Total parcels 118 City owned parcels 8 Gilroy Unified School District parcels 3 SCVWD fee parcels 2 SCVWD easements 9 TASK DESCRIPTION - For this task I will: 1) acquire and review RECORDS; 2) construct in CAD the parcel outlines for overlay on the aerial mapping; 3) construct in CAD the SCVWD easement data for overlay on the aerial mapping; 4) compile in CAD the deeds and easement data into one master overlay. This task will cost $8,700. TASK C - RIGHT OF WAY - FIELD TIES For this task I will make field ties to recovered record monumentation that will permit orientation of record data to the aerial mapping. I will provide an AutoCAD .dwg file of the compiled master overlay oriented to the control for the aerial mapping. This task will cost $12,000. TASK D - CREEK SITE TOPOGRAPHIC SURVEYING AND MAPING For this task I will provide a detailed survey for more detailed engineering study and design, The area is approximately 370'x 300' at the location a the proposed bridge alignment will cross Uvas Creek. Limits are generally top of bank to top of bank. Given the terrain, obstructions and local environment, it is expected to take three days. The mapping will depict items including, but not limited to, contours, spot elevations, structures, visible surface indications of local utilities, etc. Tree locations are specifically excluded since the trees will be removed. This task will cost $5,700. TASK E (Elective) - SITE SPECIFIC TOPOGRAPHIC SURVEYING AND MAPING Based on our discussion, it is anticipated that additional, site specific topographic information will be necessary for three sites, particularly in the potential bridge areas. For this task I will: 1) perform a topographic survey and 2) provide mapping of the survey data at the selected locations for your use in more detailed engineering study and design. This will depict items including, but not limited to, contours, spot elevations, structures, visible surface indications of local utilities, trees, etc.. benga I -gil roy #6- 10thst -2.d oc Mr. Scott Onishuk, PE August 04, 2015 Page 3of4 The cost below is a unit cost for each one -day ground survey and mapping mission at a location and within limits specified by you. This task is elective and may be disregarded if not necessary and is not included in the task total .below This task will cost $1,800. TASK F - ADDITIONAL ALTERNATIVE MAPPING - 10TH STREET For this task I will: 1) establish 6 aerial control points for aerial mapping by others; 2) provide positions of the control points to the aerial mapping company; 3) perform a QA /QC check survey to verify accuracy of the aerial survey; 4) provide a report on datums and the level of accuracy according to the American Society for Photogrammetry and Remote Sensing (ASPRS) 1989 standards. Aerial target number and location are derived from flight plan and model layout by others. Control will be tied to horizontal and vertical datums listed under Task A. Aerial control point locations will be coordinated with the aerial mapping company for the project. This task will cost $3,400. This total for the tasks above is $35,400. Please see the attached "Standard Project Conditions" for other items not included in above proposal or that may be outside the scope of billing or work. Thank you for the opportunity to present this proposal. If the above scope of work and the attached "Standard Project Conditions" are acceptable, please sign, date and return this letter and the attached "Standard Project Conditions" sheet at your earliest convenience. If you need to change the scope of work as outlined above or would like to discuss any part of this proposal, please do not hesitate to call. Very truly yours, J�� 4—S.e -- Robert J. Reese, Calif. LS 6208 Attachment: "Standard Project Conditions" Accepted by: G �rl 1�vl client signature date title benga 1 -gi I roy #6- 10thst -2.doc Mr. Scott Onishuk, PE August 04, 2015 Page 4 of 4 Standard Project Conditions - REESE Water & Land Surveying Services (RWLSS) Project GILROY 10th STREET BRIDGE PROJECT - LAND SURVEY WORK REVISED Ver.2 Client BENGAL ENGINEERING, INC. c/o SCOTT ONISHUK, PE A. STANDARD PROJECT CONDITIONS: • Original materials are copyright © 2015, RWLSS unless otherwise directed. • Scope of work and services are described in proposal dated August 04, 2015 • Schedule for project commencement is dependent on workload when notice to proceed is given. • Payment is due upon completion of described scope of work. • Progress billing may be submitted on a monthly basis. The outstanding balance after project completion is due upon receipt. • The following items, if incurred, that are not listed in the proposal will be billed at cost: research, graphic, reproduction or printing expenses; postage, telephony, courier or special mailing expenses; photography, prints and reprint expenses; outside fees including, but not limited to permits, application fees, recording fees, filing fees, etc. B. SPECIFIC PROJECT CONDITIONS: • This proposal is good for 30 days. • Billing will be based on ❑ fee schedule rates ® fixed fee ❑ NTE proposal • Consultation or coordination with client and /or third parties will be billed according to ® current fee schedule ® rate of $ 150.00 per hour. C. ITEMS REQUIRED TO BE PROVIDED BY THE CLIENT ® Right of entry coordinated and provided hereby for performance of the survey and related activities. ® The required deposit before beginning is ❑ % ❑$ ® waived ® The following items and Information shall be provided by client at no additional cost: ❑ Title information: Title Report OR Prelim. Title Report OR Deed(s) ❑ Control data ® Other: engineering plans. profiles, right of way maps, other data as & if needed Ca (The following are required per B &P Code §8759 and Admin.Code §463.5.) A written agreement regarding any a) additional services or b) substantial changes to scope or conditions will be made before performance of additional services or under changed scope or conditions. The agreement shall include changes to costs and schedule. RWLSS has a right to complete the services described and agreed upon for this project. However, this agreement may be terminated by a) written notice from either client or RWLSS prior to any expenses being incurred on client's behalf or b) payment for expenses and services rendered up to the date of receipt of client's written notice to terminate, provided said notice to terminate is agreed to by RWLSS. Disputes arising out of this agreement that remain unresolved by negotiation between client and RWLSS shall be first submitted to mediation services and secondly, if still unresolved, to binding arbitration services in accordance with American Arbitration AssociationO rules. Venue for mediation or arbitration shall be San Luis Obispo, California. All costs in connection with mediation or binding arbitration services shall be borne by client. Robert J. Reese is licensed by the California Board for Professional Engineers, Land Surveyors and Geolo i.sts. �— August 04, 2015 Robert J. Reese, Calif. LS 6208 date client signature date title bengal -gi Iroy #6- 10thst -2.doc FEE ESTIMATE AND WAGE RATES Concept level Design for the Tenth Street Bridge over Uvas Creek Prepared for the City of Gilroy, August 5, 2015 Page 14 BENGAL ENGINEERING TEAM: Task Summary, Resource Estimate & Fees 8/5/2015 CITY OF GILROY: 10TH STREET BRIDGE: PRELIMINARY ENGINEERING BENGAL Total Bengal Engineering Tasks Subtotal Subs m y F� H N= Fa— o 6R U W OZ a x c U W 4 T w t7 W Z J0 w x cr) Q U Z U F Q U 0: U — Z_ M � Q D O O Q J J m U- ca c m °- C �_ o to U y ayi U c w TASK ITEM DESCRIPTION HRS HRS HRS HRS HRS $ $ $ 1 Project Manament and Administration Coordinate with City and Glen Loma Developer 40 40 40 8 128 Preliminary RW research: East Side of Creek 2 24 24 8 58 Attend promect status meetings 16 32 32 4 84 Coordinate with environmental team (budget) 8 16 24 4 52 Sub totals 66 112 120 24 322 $ 38,220 $ - $ 38,220 2 Field Surveys and Mapping Create Base Mapping; control and aerial mapping 4 16 16 8 44 $ 40,710 $ 13,628 Reese Water and Land Surveying: Tasks A -F 4 4 2 10 Central Coast Aerial Mapping 4 4 2 10 Sub totals 12 24 16 1211 64 $ 7,420 1 $ 54,338 1 $ 61,758 3 Prelimina ry Utilty Research and Information Request Utility request letters 4 8 40 16 68 Interaction with City sewer water storm drains 4 16 24 8 52 Sub totals 8 24 64 24 120 $ 11,560 $ - $ 11,560 4 Preliminary Geotechnical Research Geotechnical Research 8 40 24 8 80 Prepare Geotech Memo 8 40 24 8 80 Sub totals 16 80 48 16 160 $ 19,360 $ - $ 19,360 5 Preliminary Engineering-Roadway Design Roadway Layouts 12 100 100 8 220 Roundabout layout 4 16 16 36 Conceptual layout of retaining walls 4 8 16 28 conceptual layout of path on SCVWD PATH 4 8 8 20 Sub totals,1 241 132L__ 140111 304 $ 35,740 1 $ $ 35,740 6 Bridge Architecture / Bridge Aesthetic Four Bridge Aternatives: Alt. Planning Study dw s 24 160 80 4 268 Bengal fumishes cut shts & examples: textures & rails 4 8 8 20 Computer rendering: several views of 2 bridge alts. 8 48 120 176 Sub totals 36 216 208 4 464 $ 55,700 1 $ $ 55,700 7 Preliminary Hydraulics Memo Preliminary Hydraulics Memo 4 30 16 2 52 Sub totals 4 30 16 2 52 $ 6,570 $ - Total 166 618 612 90 1486 $ 174,570 $ 54,338 $ 222,338 Reimbursable Expenses BENGAL Total Reproduction Services /Mailing Travel Expenses Miscellaneous $ 500 $ - $ 251 $ 500 $ 251 Subtotal 1 $ 751 1 $ $ 751 $ 223,088.00 0 ID Task Name 1 Gilroy 10th Street Bridge 2 j Contract Award 3 Task 1 - Project Administration Schedule for the Preliminary Design for the 10th Street Bridge 4 Task 2 - Field Surveys and Mapping .5--1 Task 3 - Preliminary Utility Research 6 Task 4 - Preliminary Geotechnical Research 7 Task 5 - Preliminary Engineering 8 Task 6 - Bridge Architecture / Aesthetics 9 Task 7 - Preliminary Hydraulics Memo 10 11 12 RW mapping will be added to topo about midway thru task 5 Wed 8/5/15 2015 LJun- f __J_u 4/15 EXHIBIT "C" MILESTONE SCHEDULE 4845 - 6718- 3385v1 LAM4706083 Schedule for the r4-; Preliminary Design for the 10th Street Bridge ID Task Name 2015 Jun Jul A_ ug__LSep Oct Nov Dec Jan Feb Mar Apr May 1 Gilroy 10th Street Bridge 2 Contract Award - -- 81� 7 1- — 3 -- — ! 7 Task -Project Administration — 4/15 4 Task 2 - Field Surveys and Mapping ! 1 5 Task 3 - Preliminary Utility Research la /s - 1/15 - - s Task 4 - Preliminary Geotechnical Research -:, vss L =6/20mml: Task 5 - Preliminary Engineering 3r7 8 Task -6 - Bridge Architecture / Aesthetics 4n - - - - -- -- - - -- - - - -- 9 Task 7 - Preliminary Hydraulics Memo 11/30 si11 7 10 — -- 12 RW mapping will be added to topo about midway thru task 5 Wed 8/5/15 EXHIBIT "D" PAYMENT SCHEDULE Bengal Engineering will be paid monthly for services performed during that month, in a total amount not to exceed $223,088.00 for the preliminary design of the Tenth Street Bridge over Uvas Creek. 4845 - 6718- 3385v1 _1 _ LAC104706083 I— 1 ® ACoRO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 02/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Tina Jackson Insurance Services, Inc CONTACT NAME: Tina Jackson PHONE 8059662500 AI N01:8055635328 A'DDRe s: tina @tinajacksonins.com 3834 Pemm PI INSURERS AFFORDING COVERAGE NAIC # Santa Barbara, CA 93110 INSURERA: Mesa Underwriters Insurance Company 08/06/2015 08/06/2016 INSURED INSURER B: U.S. Specialty insurance Company Bengal Engineering, Inc INSURER C: Hanover Insurance Group INSURER D: The Hartford INSURER E: PR MI ET' Ea occurrence 250 Big Sur Drive Santa Barbara CA 93117 INSURER F: MED EXP (Any one person COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR LTR TYPE OF INSURANCE ADDL An SUBR lam POLICY NUMBER POLICY EFF MMIDD rrCM POLICY EXP (MMIDOrrCM, LIMITS A X COMMERCIAL GENERAL.LIABIUTY Y Y MP0004008007195 08/06/2015 08/06/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE F_x1 OCCUR PR MI ET' Ea occurrence $ 300,000 MED EXP (Any one person $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 i PRODUCTS - COMPIOPAGG $ 2,000,000 POLICY ECT 7] LOC $ OTHER: C AUTOMOBILE LIABILITY AW3A50250500 12/12/15 12/12/16 EO aor ED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON-OWNED AUTOS PROPERTY P DAMAGE $ UMBRELLA LWB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Myyaeenssdatory In NH) NIA 72WEC9783OH -003 05115/1-5 05/15/16 X' PER OTH- ST ATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 describe under DESCRIPTION OF OPERATIONS below B Professional Liability USS1526088 09/17/1509117/16 $1,000,000 Per Claim Retroactive 9/17/97 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Gilroy, its officials, officers and employees are listed as Additional Insured in respects to general liability. Coverage is primary and non- contributory. Waiver of subrogation applies. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2014101) 1NIe SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 14 The ACORD name and logo are registered marks of ACORD reserved. POLICY NUMBER: MP0004008007195 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Orcia nization s City of Gilroy, its officers, elected and appointed employees and agents 7351 Rosanna St Gilroy, CA 95020 THIS INSURANCE SHALL BE PRIMARY AND NOW CONTRIBUTORY, BUT ONLY IN THE EVENT OF A NAMED INSURED'S SOLE NEGLIGENCE. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — 'Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED ,4tz`oizo® CERTIFICATE OF LIABILITY INSURANCE DATE 02/2233//22016 016I� 02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Tina Jackson Insurance Services, Inc 3834 Pernm PI Santa Barbara, CA 93110 CONTACT NAME: Tina JBCJackson ' PHONE 8059662500 FAX No; 8055635328 EI, EMAIL ADDRESS: tiha@tinajacksonins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Mesa Underwriters Insurance Company LIMITS INSURED Bengal Engineering, Inc 250 Big Sur Dnve Santa-Barbara, CA 93117 INSURER B: U.S. Specialty Insurance Company COMMERCIAL GENERAL LIABILITY INSURER C: Hanover Insurance Group Y INSURERD.: The Hartford 08/06/2015 INSURERE: EACH OCCURRENCE INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR 1TR TYPE. OF. INSURANCE. ADDLSUBR. .POUCY.NUMBER MMIDDYEFF MMIDD EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y M P0004008007195 08/06/2015 08/06/2016 EACH OCCURRENCE _ $ 1,000,000 CLAIMS -MADE ❑X OCCUR DAMAGE TO PREMISES (Ea occu RENTED ) $ 300,000 MED EXP (Any one person $ 10,000 PERSONAL & ADV INJURY $ 1,0001,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 R POLICY 1:1 JET LOC PRODUCTS - COMP /OP AGG $ 21000,000 1 $ I 1 C AUTOMOBILE LIABILITY AW3A50250500 12/12/15 12/12/16 (CEO, aMBINED ccdent SINGLE LIMIT $ 1,000,000 BODILYINJURY (Per person) $ XI ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X' HIRED AUTOS LX NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE . - $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE ,DED - RETENTION$ $ D WoRuERsCOMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� (Mandatory in NH) EXCLUDED? NIA 72WEC9783OH -003 05/15115 05/15/16 X STATUTE ERH AND E.L.'EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yYes; desciibe under DESCRIPTIONOFOPERATIONSbelowE .L.DISEASE- POLICY LIMIT $ 1,000,0,00 B Professional Liability USS1526088 09/17/1509/17/16 $1,000,000 Per Claim Retroactive 9/17/97 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Gilroy, its officials, officers and employees are listed as Additional Insured in respects to general liability. Coverage is primary and non - contributory. Waiver of subrogation applies. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED.BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP0004008007195 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) City of Gilroy, its officers, elected and appointed employees and agents 7351 Rosanna St Gilroy, CA 95020 THIS INSURANCE SHALL BE PRIMARY AND NON- CONTRIBUTORY, BUT ONLY IN THE EVENT OF A NAMED INSURED'S SOLE NEGLIGENCE. Information required to complete this Schedule, if not shown above, will. be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated. and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED