HomeMy WebLinkAboutAgreement - CSG Consultants, Inc. - Contract No. 23PW1094-1 - 1st Amendment - Extending Term for Plan Check and Inspection for Frontier Fiber Optic Project - Signed 2023-10-12City of Gilroy
Agreement/Contract Tracking
Today’s Date:
October 3, 2023 Your Name: Ogarita Carranza
Contract
Type:
Services over $5k - Consultant Phone Number: 408-846-0255
Contract Effective Date:
(Date contract goes into effect)
11/1/2023
Contract Expiration Date: 10/31/2024
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
CSG Consultants
Contract Subject:
(no more than 100 characters)
Amend. 1 extending term for plan check and inspection services for the
Frontier Fiber Optic Project
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
419,765
By submitting this form, I confirm
this information is complete:
Date of Contract
Contractor/Consultant name and complete address
Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
Taxpayer ID or Social Security # and Contractors License # if
applicable
Contractor/Consultant signer’s name and title
City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
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FIRST AMENDMENT TO THE AGREEMENT WITH CSG CONSULTANTS, INC. FOR
FRONTIER CABLE ENCROACHMENT PERMIT PLAN REVIEW AND INSPECTION
SERVICES
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and CSG Consultants, Inc.
entered into that certain agreement entitled “Agreement for Services”, effective on October 1, 2022,
hereinafter referred to as “Original Agreement”; and
WHEREAS, City and CSG Consultants, Inc. have determined it is in their mutual interest to
amend certain terms of the Original Agreement.
NOW, THEREFORE, for valuable consideration, the parties hereto agree as follows:
1. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
“This Agreement will become effective on October 1, 2022 and will continue in effect through
October 31, 2024 unless terminated in accordance with the provisions of Article 7 of the original
Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein.
2. This Amendment shall be effective on November 1, 2023.
3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain
in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
4. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CITY OF GILROY CSG Consultants, Inc.
By: By:
[signature] [signature] Jimmy Forbis Hatem Ahmed
[employee name] [name]
City Administrator Vice President/Principal
[title/department] [title]
Date: Date:
Approved as to Form ATTEST:
10/12/2023
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10/12/2023
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City Attorney City Clerk
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 6th day of October, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: CSG Consultants, Inc., having a principal place of business at 550 Pilgrim
Drive, Foster City, CA 94404.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 10/1/2022 and will continue in effect through
10/31/2023 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
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 Exhibit
“C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $419,765.00.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
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ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable 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
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set forth below. Professional Liability Insurance written on a claims made 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;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., 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 completed in accordance with the
terms of this Agreement 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
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall 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
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
CSG Consultants, Inc. CITY OF GILROY
By: By:
Name: Name: Jimmy Forbis
Title: Title: City Administrator
Social Security or Taxpayer
Identification Number 91-2053749
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Hatem Ahmed
Vice President
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Hatem Ahmed, 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 complete the Services
in accordance with the terms of this Agreement.
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, Gary Heap
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.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of 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 completed all of the Services as
required by the terms of 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
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. 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.
B. 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. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. 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.
C. 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.
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D. 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.
E. 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.
F. 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.D 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. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
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.
G. 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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Gary Heap, City Engineer/Transportation Engineer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Hatem Ahmed
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
I. 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.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. 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.
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EXHIBIT “B”
SCOPE OF SERVICES
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550 Pilgrim Drive
Foster City, CA 94404
phone 650.522.2500
fax 650.522.2599
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | ORANGE
September 22, 2022
Gary Heap,
City Engineer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
RE: Frontier Cable Encroachment Permit Plan Review -Proposal
Dear Gary:
CSG Consultants, Inc. is pleased to present this proposal to assist the City of Gilroy for Plan Review and
Inspection of the Frontier FTTH Fiber Optic Project.
Frontier Fiber proposes to install a total of 300,000 LF (57 miles) of fiber optics within the City of Gilroy
Public Right-of-Way. This includes a combination of new trenching, re-use of existing conduit, and overhead
installations. Trenching is proposed to be an open micro-trench (rockwheel) but may require directional
boring in locations.
Work to be performed under this proposal will include the following:
Plan Review
1) Initial kick-off meeting with City staff and the Frontier team.
2) Plan Review:
• Review plans for conflicts with existing surface improvements.
• Review plans for conflicts with existing utilities. Identify utilities that may require potholing
prior to construction.
• Review plans for consistency with City trench/ resurfacing standards (Based on initial review,
Frontier’s details do not conform to the City requirements). Revise plans to show actual
pavement resurfacing limits, as opposed to reliance on standard details.
• Compare proposed trenching locations against the City’s Trenching Moratorium Map, as well
as the upcoming 2022 Pavement Rehabilitation project. Where conflicts exist, require plans to
show appropriate pavement resurfacing. Plan should include a restriping/ remarking plan to
ensure that replacement striping/ markings match existing (also, confer with staff to determine
if changes/ upgrades to existing striping are needed in these locations).
• Determine if proposed work will extend thru decorative pavement, in which case directional
boring will be requested.
• Confirm plans show appropriate repairs to other surface improvements (concrete, pavers,
landscaping) where these improvements are impacted.
3) Prepare a comment letter for each review. Meet with staff and/ or the applicant as needed to
review comments and how comments will be addressed.
4) Complete subsequent reviews as needed.
5) Review traffic control plans. Provide comment letter and meet with City staff and Frontier as
needed.
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2
6) Attend other meetings as needed.
It is presumed that the majority of the existing condition review can be done using GoogleEarth
photography. Field visits can be provided as needed.
Inspection
CSG will provide full time inspection services for this project. This included enforcing approved traffic control
plans, documenting the daily work, taking pictures, communicating with the businesses and public and
communicating with the City project manager. Inspector will also observe any backfill operation and
coordinate material testing when appropriate. CSG has provided these services on several similar Fiber
Optic projects in the Bay area. We are hence very familiar with the requirements and nature of this work.
of the utmost importance on these types of projects are traffic control, working hours, housekeeping and
minimizing public convenience. The inspector will meet with City project manager to understand the
working protocol, important issues to City and coordination needs with various departments and
stakeholders. Terry Dee Luew is proposed to be the inspector on this project. He brings a thorough and
detailed approach that proves very valuable to this project. He will review the plans and pertinent
documentation ahead of time, so he is well prepared. Terry is always ahead of the contractor and often
times bring up potential issues before they become actual issues. His contractor background is very valuable
in that regard.
Mark Lander, P.E., will serve as the point of contact for the project, and will oversee plan review work.
Nourdin Khayata, P.E., will oversee inspection work. Resumes of CSG staff who will perform plan review
and construction work are attached.
Fee
Our fee for performing the work described above will be on a time and materials basis, based on our 2022
Standard Fee Schedule.
Plan Review: We understand that the work will be completed in 50 phases and presume that a separate
set of construction drawings and a separate traffic control plan will be provided for each phase. Since the
actual documents are not available for review, the effort to review the plans cannot be determined at this
time. We have provided a preliminary estimate to review 50 plan sets, for the purpose of determining an
initial deposit amount. The estimate is not valid for review of the complete set of plans and will be revised
based on the actual number and scope of plan reviews. We recommend an initial deposit of $50,000.
Inspection: We understand that construction will start in mid-October and continue thru July 2023. We
have allowed for 39 weeks of construction. We will provide an inspector full time (40 hours/ week) for the
initial 30 weeks of construction and part time (20/ hours/ week) for the last nine weeks, for a total of 1,380
hours. Again, the estimate is not valid for the full scope of inspection and will be revised based on the
actual duration of the work.
Thank you for considering CSG Consultants for this work. We look forward to working with you on this
project. Please feel free to call me at (650) 522-2562 if you would like to discuss this further.
Sincerely,
______________________
Mark Lander, P.E.
Senior Principal Engineer
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cc: Hatem Ahmed, P. E.
Nourdin Khayata, P.E.
Karma Beckham
Attachment
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EXHIBIT “C”
MILESTONE SCHEDULE
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State
Wirecent
er Name WO Description Project #
Feed or
Distribution
Project
# of
Actual
Engd
Househol
ds Permit Status Priority Order
Planning
Call
Month Bore
Fiber Cable
Placement Hub Cab
Flush Grade
Handholes Build Year
CA GILROY GILROY-2022 FTTH FEEDER RT-4 7578 EIGLEBERRY ST 5300664 Feeder 0 City - Requested 08/01/22 1 Oct 4,911 130,685 0 0 2022
CA GILROY GILROY-FTTH 2022 H4029 611 ROWAN AVE 170SFU 5304084 Distribution 165 City - Requested 08/05/22 2 Nov 5,589 4,734 1 72 2022
CA GILROY GILROY-FTTH 2022 H4032 1000 BYERS ST 155SFU 5304088 Distribution 155 City - Requested 08/05/22 2 Nov 7,749 4,205 1 26 2022
CA GILROY GILRYCAXF FTTH-2022 H4035 610 W. 10TH ST 149 SFU 5304091 Distribution 149 City - Requested 08/05/22 2 Nov 6,934 2,875 1 59 2022
CA GILROY GLRYCAXF-FTTH-2022 H4036 700 GEORGETOWN PL 153SFU 5304092 Distribution 153 City - Requested 08/08/22 2 Nov 8,059 3,281 1 42 2022
CA GILROY GILROY-FTTH 2022 H4005 1080 SUNRISE DR. 186SFU 5304060 Distribution 186 3 Dec 96 3,893 1 5 2022
CA GILROY GILROY-FTTH 2022 H4018 7554 TROON WAY 169SFU 5304073 Distribution 169 3 Dec 126 3,447 1 0 2022
CA GILROY GLRYCAXF FTTH-2022 H4019 7496 SUNNINGDALE WY 274HH 5304075 Distribution 274 3 Dec 0 10,700 1 0 2022
CA GILROY GILROY-FTTH 2022 H4038 750 W 6TH ST 303SFU 5304094 Distribution 303 City - Requested 08/08/22 3 Dec 15,684 6,525 1 167 2022
CA GILROY GILROY-FTTH 2022 H4033 1240 3RD ST 222SFU 5304089 Distribution 222 City - Requested 08/23/22 3 Dec 8,437 5,343 1 96 2022
CA GILROY GILROY-2022 FTTH H4034 7745 WREN AVE 297 SFU 5304090 Distribution 297 City - Requested 08/23/22 3 Dec 11,548 4,910 1 149 2022
CA GILROY GILROY-FTTH 2022 H4006 1200 SUNRISE DR 162SFU 5304061 Distribution 162 4 Jan 1,912 3,988 1 14 2023
CA GILROY GILROY-FTTH 2022 H4007 1560 SUNRISE DR 294SFU 5304062 Distribution 294 4 Jan 6,218 8,171 1 59 2023
CA GILROY GILROY-FTTH 2022 H4009 9202 CREST HILL CT 164SFU 5304064 Distribution 164 4 Jan 6,050 3,828 1 51 2023
CA GILROY GLRYCAXF-FTTH 2022 H4010 9202 CALLE DEL REY 280SFU 5304065 Distribution 280 4 Jan 8,795 4,700 1 84 2023
CA GILROY GILROY-FTTH 2022 H4014 1701 MANTELLI DR 265 SFU 5304069 Distribution 265 4 Jan 8,327 8,700 1 57 2023
CA GILROY GILROY-FTTH 2022 H4028 712 ST CLAR AVE 148SFU 5304083 Distribution 148 4 Jan 4,911 4,568 1 38 2023
CA GILROY GILROY-FTTH 2022 H4031 8225 WREN AVE 112SFU 5304087 Distribution 112 4 Jan 5,104 7,111 1 19 2023
CA GILROY GLRYXF-FTTH 2022 H4002 8445 WATSONVILLE RD 191 SFU 5304056 Distribution 190 5 Feb 6,392 23,600 0 10 2023
CA GILROY GILROY-FTTH 2022 H4008 9401 RANCHO HILLS DR 194SFU 5304063 Distribution 194 5 Feb 9,864 4,302 1 159 2023
CA GILROY GLRYCAXF-FTTH-2022 H4012 9267 ORINDA WAY 163SFU 5304067 Distribution 163 5 Feb 8,633 4,596 1 89 2023
CA GILROY GILROY-FTTH 2022 H4015 1210 WILLOW CT 175SFU 5304070 Distribution 175 5 Feb 9,191 3,128 1 72 2023
CA GILROY GLRYCAXF-FTTH 2022 H4021 3021 CLUB DR 278 SFU 5304077 Distribution 278 5 Feb 3,025 10,500 1 0 2023
CA GILROY GILROY-FTTH 2022 H4025 1395 1ST ST #101 102SFU 5304081 Distribution 102 5 Feb 4,628 4,312 1 24 2023
CA GILROY GLRYCAXF FTTH-2022 H4011 1225 LONGMEADOW DR 330SFU 5304066 Distribution 330 6 Mar 11,951 8,700 1 132 2023
CA GILROY GLRY-FTTH 2022 H4020 1852 CLUB DR GILROY SFU170 5304076 Distribution 170 6 Mar 300 4,500 1 1 2023
CA GILROY GLRYCAXF-FTTH 2022 H4027 1315 CYPRESS CT 261SFU 5304082 Distribution 261 6 Mar 10,057 7,700 1 30 2023
CA GILROY GLRYCAXF-FTTH 2022 H4030 768 SULLIVAN WAY 120 SFU 5304086 Distribution 120 6 Mar 3,268 3,950 1 43 2023
CA GILROY GILROY-FTTH 2022 H4037 7398 CARR PL 310SFU 5304093 Distribution 310 6 Mar 15,555 6,518 1 120 2023
CA GILROY GILROY-FTTH 2022 FEEDER RT-1 5300660 Feeder 0 6 Mar 0 59,724 0 0 2023
CA GILROY GILROY-FTTH 2022 H1007 10435 MONTEREY RD 147SFU 5304041 Distribution 147 7 Apr 3,479 21,495 1 7 2023
CA GILROY GILROY-FTTH 2022 H1008 282 FERRELL AVE 145SFU 5304042 Distribution 145 7 Apr 2,234 3,318 1 35 2023
CA GILROY GILROY-2022 FTTH H1009 9124 CONNELL CT 301 SFU 5304043 Distribution 301 7 Apr 7,596 10,980 1 21 2023
CA GILROY GILROY-2022 FTTH H1010 c 151 SFU 5304044 Distribution 151 7 Apr 0 2,516 1 0 2023
CA GILROY GILROY-FTTH 2022 H4016 1205 CHESBRO WAY 198SFU 5304071 Distribution 188 7 Apr 14,820 5,149 1 101 2023
CA GILROY GLRYCAXF-FTTH 2022 H4017 1408 WELBURN AVE 282 SFU 5304072 Distribution 282 7 Apr 16,861 11,900 1 115 2023
CA GILROY GILROY-FTTH 2022 H4013 2110 MANTELLI DR. 160SFU 5304068 Distribution 160 7 Apr 10,253 13,940 1 0 2023
CA GILROY GILROY-2022 FTTH H1004 8670 NEW AVE 277 SFU 5304037 Distribution 274 8 May 6,597 65,510 0 29 2023
CA GILROY GILROY-FTTH 2022 H1005 8535 MURRAY AVE 156SFU 5304038 Distribution 156 8 May 5,929 4,943 1 67 2023
CA GILROY GILROY-FTTH 2022 H1006 8540 CHURCH ST 156SFU 5304039 Distribution 154 8 May 6,444 2,793 1 49 2023
CA GILROY GILROY-FTTH 2022 FEEDER 7578 EIGLEBERRY ST 0SFU 5300661 Feeder 0 8 May 0 12,946 0 0 2023
CA GILROY GILROY-FTTH 2022 H4004 9968 BOBCAT CT 190SFU 5304058 Distribution 187 8 May 15,818 21,525 0 72 2023
CA GILROY GILROY-FTTH 2022 FEEDER RT-3B 0SFU 5300662 Feeder 0 9 Jun 0 11,793 0 0 2023
CA GILROY GILROY-FTTH 2022 H3006 6495 CHURCH ST GILROY 281HH 5304050 Distribution 281 9 Jun 14,844 5,727 1 70 2023
CA GILROY GILROY-FTTH 2022 H3007 212 W 10TH ST 216SFU 5304051 Distribution 215 9 Jun 2,635 7,503 1 36 2023
CA GILROY GLRYCAXF FTTH 2022 H3008 510 LEWIS ST 94SFU 5304053 Distribution 94 9 Jun 2,909 3,168 1 27 2023
CA GILROY GLRYCAXF FTTH-2022 H3009 7670 FOREST ST 335 SFU 5304054 Distribution 335 9 Jun 5,943 6,500 1 64 2023
CA GILROY GILROY-FTTH 2022 H3001 5595 MESA RD 117SFU 5304045 Distribution 116 10 Jul 6,400 2,206 1 65 2023
CA GILROY GLRYCAXF - FTTH 2002 H3002 702 VINCA CT 143 SFU'S 5304046 Distribution 143 10 Jul 5,262 2,000 1 34 2023
CA GILROY GLRYCAXF FTTH-2022 H3003 1123 SAGARDIA WAY 128HH'S 5304048 Distribution 128 10 Jul 1,213 3,537 1 55 2023
322,551 582,643 43 2,465Totals
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EXHIBIT “D”
PAYMENT SCHEDULE
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Attachment 1
City of Gilroy
Frontier Fiber - Encroachment Permit Plan Review/ Inspection 9/22/2022
Task Hours
Plan Review
Senior
Principal
Engineer
Senior
Engineer
Associate
Engineer
Kick-Off Meeting w/ Staff/ Applicant 2 2 2
Plan Review: 50 construction phases, use 50 plan sets, 4 sheets/
set; use 4 hours/ sheet( two reviews) = 800 hours 20 400 400
Traffiic Control Plan Review (50 plans @ 2 hours/ plan)50 50
Meetings: (1/ plan set)25 25
Subtotal: 22 477 477
Hourly Rate $ 260.00 $ 205.00 $ 180.00
Cost 5,720.00$ 97,785.00$ 85,860.00$
Total Hours 976
Subtotal Plan Review*189,365.00$
Inspection
Resident
Engineer
Senior
Inspector
Pre-Construction Meeting w/ Staff/ Applicant 4 4
Inspection: October 15, 2022 thru July 15, 2022 1380
26 weeks
Use 30 weeks at 40hrs/ week = 1200 hours
Use 9 weeks at 20hrs/ week = 180 hours
Total 920 hours
Meetings (1/week, 2 hours/ each) 52
Subtotal: 56 0 1384
Hourly Rate $ 160.00 $ 160.00
Cost 8,960.00$ -$ 221,440.00$
Total Hours 1,440
Subtotal Inspection** 230,400.00$
Total (Preliminary, Subject to Revision)419,765.00$
*The Plan Review Estimate was develped to determine the amount of the initial deposit for plan review.
The estimate is not a commitment to complete the full plan review.
The plan review will be completed on Time-and-Material basis. The number, scope, and size of the
plan sets, as well as the number/ scope of resumbittals, will determine the actual cost.
**This is a Preliminary Estimate. The initial deposit for insepction can be determined once the schedule
and scope of contrution is known.
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