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CALTROP - 2014 AgreementAGREEMENT FOR SERVICES (For design professional contracts over $5,000) This AGREEMENT made this 9th day of July, 2014 between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: CALTROP Corporation, having a principal place of business at 9337 Milliken Avenue, Rancho Cucamonga, CA 91730. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 8/5/14 and will continue in effect through 8/5/17 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. 4845 -6718- 3385v1 LAC104706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D ". In no event however shall the total compensation paid to CONSULTANT exceed $316,469.26. 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 4845 -6718- 3385v1 _2_ LAC104706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. 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 tern 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) 4845 - 6718- 3385v1 _3 _ LAM04706083 with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without 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: 0 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; O CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. 4845 -6718- 3385v1 LAM04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.I., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 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 4845-6718-338501 _5 _ LAM04706083 reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall use due professional care to comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 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 4845-6718- 3385v1 _6_ LAC104706083 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. 4845 -6718- 3385v1 _�_ LAM04706083 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. 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: CALTROP Corporation Na Javad Rassouli Title: CFO Social Security or Taxpayer Identification Number 95- 4455048 4845. 6718- 3385v1 LAC104706083 -8- CITY: qC GILROY By: Name: Thomas J. Haglund Title: Citv Administrator Approved as to Form City Attorney 4845. 6718- 3385v1 _9_ LAC104706083 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 James M. Schaaf, 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 and Ian King 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. 4845 -6718- 3385v1 LAM04706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. CONSULTANT'S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as "preliminary" or "for review only." All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. B. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with 4845718- 3385v1 _2_ LACN04706083 applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the 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. 4845 - 6718- 3385v1 LAC104706083 _3 _ 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. NOTICES. Notices are to be sent as follows: CITY: Rick Smelser, City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: James M. Schaaf CALTROP Corporation 2200 Powell Street, Suite 1125 Emeryville, CA 94608 J. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. I . 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. 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 4845 -6718- 3385v1 _4_ LAC104706083 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4845 - 6718- 3385v1 _5 _ LACX04706083 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 James M. Schaaf, 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 and Ian King 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. 4845 -6718- 3385v1 _ 1 _ LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. CONSULTANT'S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as "preliminary" or "for review only." All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. B. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance. shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights, under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with 4845 - 6718- 3385v1 _2_ LAC104706083 applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the 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. 4845 -6718- 3385v1 _3 _ LAC104706083 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. NOTICES. Notices are to be sent as follows: CITY: Rick Smelser, City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: James M. Schaaf CALTROP Corporation 2200 Powell Street, Suite 1125 Emeryville, CA 94608 J. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. 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 4845. 6718- 3385v1 _4_ LAC104706083 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4845. 6718- 3385v1 _5 LAM04706083 EXHIBIT "B" SCOPE OF SERVICES 4845 -6718- 3385v1 LAC104706083 CALTROP June 27, 2014 Ian King Engineer I, Engineering & Operations Division City of Gilroy 613 Old Gilroy Street Gilroy, CA 95020 RE: Request for Proposal for: Construction Management & Inspection Services for Joint Trunk Sewer Replacement Project No. 14 -PW -208 (CM On -Call Support Services) Dear Mr. King: CALTROP Corporation ( CALTROP) appreciates the opportunity to submit our proposal for Construction Management and Inspection Services to the City of Gilroy (City) in regards to the Joint Trunk Sewer Replacement Project (No. 14 -PW -208). As you are aware, CALTROP is a full - service construction management (CM), program, project and firm with offices throughout California, including the immediate Bay Area region. It is our goal to provide the City with a true partnership, high level of communication and coordination with a team that meets your delivery requirements and expectations for this specific project. We will service this contract from our Emeryville, CA office and / or locally as needed. The benefits that CALTROP brings to the City for this specific assignment, and distinguishes us from our competitors are: Highly Qualified Team - Our experienced team and support personnel have previously worked together on similar utility and sanitary sewer rehabilitative, parallel and / or new improvement projects and will offer flexibility and the skills needed to provide successful construction management, inspection and any additional services to the City as needed. As we are also "on- call" experts, we are very experienced in delivering services to any location either on a full- or part - time basis, inclusive of night -time operations. We can easily deploy all necessary personnel immediately. If determined necessary, we have also teamed with Pacific Crest Engineering (PCE), which is a local SBE -DBE multi- discipline professional corporation that provides a broad range of geotechnical services, including materials testing, construction and source inspection, and quality assurance / IQAT support. PCE has more than 20 years of local knowledge and public agency experience. Additionally, we can include Towill, Inc. to provide construction staking and Toure' Associates, which is a DBE firm that can also augment our services in the areas of biological - environmental permitting if deemed necessary. Pacific Crest or Toure' can satisfy DBE / SBE requirements. Technical Expertise - As a full- service construction management and inspection firm, CALTROP will provide the City with all the required expertise to manage, inspect and monitor the Project. We maintain our technical expertise by having highly qualified professionals who are certified and aware of the latest statewide and regional requirements. We also have technical staff who have considerable utility, sewer, waste water and transmission pipeline, etc. experience who can provide temporary project support, if necessary. In response and consideration to your e-mail request of June 13, 2014, CALTROP is pleased to provide the attached proposal for your review and consideration. Within the proposal, you will find: • Proposed project staffing and ancillary support services (if needed) • Detailed Scope of Services and Work Plan • Fee Proposal / Cost Estimate • Staff Resumes Our scope of services is based upon the provided information and current construction documents that were made available to us and our knowledge of the stringent requirements of the City and affected stakeholders (City of Morgan Hill, etc.). Our Team will be led by James M. (Mike) Schaaf, PE as the Construction Manager and acting Resident Engineer. Mike has more than 30 years of similar municipal design, oversight construction management experience. He will be available to work with you to suit your schedule. CALTROP Corporation www.CALTROP.com 2200 Powell Street, Suite 1125 Phone: (510) 601 -1700 Emeryville, CA 94608 Fax: (510) 601 -1776 Additionally, we are proposing to provide two (2) supporting project inspectors to assist Mike during the construction effort. As currently planned, we will propose one (1) primary project inspector and one (1) back -up inspector in the event of extended hours, night work activity or other additional inspection support as deemed necessary. Keith Hixson will serve as the primary Project Inspector. Mr. Hixson has more than 23 years of extensive inspection experience on municipal and civil construction projects as a Senior Construction Inspector. He has a variety of experience including inspection of drainage and pump station structures, sanitary sewer systems, rehabilitation and new installations, waste water systems and improvements. Mr. Hixson has also trained and mentored many junior inspectors during his tenure at Sacramento County. Robert (Ted) Schieberl will support the contract as- needed. Ted has more than 24 years of similar public works and civil inspection experience. He has managed construction projects of many types, including water and wastewater treatment improvements and facilities, water and sanitary transmission lines and mains, underground utilities, minor structures, public buildings, site development and military facilities. He has directed all aspects of multi - million dollar public, industrial and commercial construction projects. To ensure that our record keeping and contractor personnel management via certified payroll data and record keeping is in accordance to City of Gilroy requirements and / or state standards, we are proposing to assign Rhonda Holbrook to the project for minimal hours each week; approximately eight (8) hours per week will be set aside for record keeping management. She will ensure that all project documents are maintained in the correct file category and that the distribution of daily diaries, weekly working day statements, etc. are completed in accordance with the contract requirements. We are proposing to maintain the project records using the state standards of filing system as acceptable. Full resumes of our proposed construction management and inspection staff are included with this proposal. We have included adequate hours in our inspection cost proposal to cover all expected construction management / inspection services, inclusive of any anticipated ancillary support. Of note, actual inspection hours and cost will be finalized upon the submission of the contractor's CPM / Baseline schedule and adjusted accordingly to suit both the contractor's means and methodology and weekly look -ahead updates. For this proposal however, we have anticipated an 80 -day working schedule as a basis for cost estimating purposes. We appreciate the opportunity to submit this proposal package to you. In accordance with your instructions, we are providing one (1) electronic submission of our proposal via e -mail directly to you. We acknowledge that we have read, responded to and incorporated your entire electronic RFP into our submittal per your we -mail instructions of June 13 and 20`h, 2014. We look forward to being recommended or to further discuss our qualifications with you. In the meantime, should you have any immediate questions or comments, please contact our Construction Manager, Mike Schaaf, PE, who will be our prime contact for this assignment. He can be reached at jschaaf @caltrop.com or directly via cell at (510) 299 -3789. Sincerely, CALTROP Yi,'" Peter Owen Regional Director CALTROP Corporation www.CALTROP.com 2200 Powell Street, Suite 1125 Phone: (510) 601 -1700 Emeryville, CA 94608 Fax: (510) 601 -1776 V� OF G /"P Proposal for Construction Management & Infection Services Project No. 14 -PW -208 Table of Contents fling... ............................... Project Understanding and Approach. mple Scope of Services ..................., Fee Proposal ............ ............................... Resumes................... ............................... CALTROP June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Proposed Staffing The Team The CALTROP Team offers the City a highly- experienced and qualified construction management team. Our proposed key personnel have spent the greater part of their careers working on and managing public facility, municipal and other related projects for cities, counties, public agencies and transportation agencies, within the Bay Area region and throughout Northern California. Their years of experience will benefit the City because as they will hit the ground running with minimal supervision or start-up time required. Key Personnel Bios Mike Schaaf, PE I Construction Manager/ Resident Engineer BS,Civil Engineering, University of California, San Luis Obispo CA, Civil Engineer, No. 42898 Mike Schaaf, PE has more than 30 years of direct experience in construction management and contract administration for a wide variety of public works, transportation (municipalities, Caltrans, transportation agencies) and land development projects throughout Northern California. These projects have included municipal, roadway / highway improvements, building facilities, wastewater and sewer transmission lines, sewer relief and trunk line improvements, street rehabilitations, park improvements, sewage system renovations, public pavement management, storm drainage and various public works infrastructure projects. He has been responsible for environmental permitting and coordination with various permitting agencies, plans and specifications, Quality Assurance / Control, SWPPP and NPDES monitoring and oversight, capital improvements programming and construction management services including resident engineering, inspection, budgeting and scheduling. Mr. Schaaf has a thorough knowledge of and experience in ASTM, CTM, State Standard Plans and Specifications, applications and procedures. Relevant and Similar Projects: • 2007 Pavement and Utility Project, City of Calistoga, CA • 30 -inch Sanitary Sewer Main By -Pass, Phase II (Escuela Parkway), Milpitas, CA • Carnegie Drive Subdivision and Utility Improvements, Milpitas, CA • Milpitas -San Jose East Sewer Treatment Lift Station Rehabilitation • Milpitas Sanitary Sewer Main Reconstruction Phases I & II, Milpitas, CA • Tasman Dr. Extension (VTA / Caltrans) / Alder Widening, Milpitas Project 4030, CA • Capitol Avenue Widening / Tasman Drive Extension 4133A / B, Milpitas, CA • Mc Carthy Ranch Local Improvement District No.'s 18 and 20, City of Milpitas, CA • Salinas CIP 30 -inch Sewer Trunkline and Bypass, City of Salinas, CA • Caltrans District 4, A &E Construction Management and Inspection Support (seven contracts) • Pelandale Avenue / Dale Road - McHenry Avenue 6 -Lane Widening (CIP H461), City of Modesto, CA Keith Hixson, QSP I Project Inspector US Army Corps 16 -hr. CQM Training CESSWI Certification - EnviroCert #1850 Mr. Hixson has more than 23 years of extensive inspection experience on municipal and civil construction projects as a Senior Construction Inspector. He has a variety of experience including inspection of drainage and pump station structures, sanitary sewer systems and installations, PCC and HMA paving, large boring and tunneling operations open cut piping, SWPPP, materials testing, environmental remediation, traffic operations, and safety. He also has performed labor compliance interviews, maintained project records including daily job diaries, photo documentation, RFI's, quantity logs, progress payments, submittal review and processing, field June 27, 2014 ' Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Proposed Staffing instructions and CCO prep for the RE, SWPPP documentation, as built drawings, and utility agency coordination. Mr. Hixson has trained and mentored many junior inspectors during his tenure at Sacramento County. He also spent twp years in the County materials lab verifying AC mix designs, materials grading, testing concrete and compaction curves for soils and aggregate base for compliance with the County standards. Relevant and Similar Projects: • Bridge District Sewer Lift Station and Offsite Improvements, City of West Sacramento, CA • Central Trunk Sewer Rehabilitation Project, Sacramento County, Sacramento, CA Upper Northwest Interceptor 1 & 2, Sacramento County, Sacramento, CA Del Paso Road Sewage Lift Station and Trunk Sewer Line, Sacramento County, Sacramento, CA Arcade Creek Levee / American River College Sewage Lift Station, Sacramento County, Citrus Heights, CA Additional Project Support on As- Needed Basis: Inspector Support (as- needed) Additional project inspection will be provided by Robert (Ted) Schieberl. He will also be responsible for the day - to -day construction administration and oversight, monitoring and observation of the project if needed to support any night work or extended hours. Ted has more than 24 years of similar sanitary, wastewater, treatment plant and transmission pipeline conveyance construction inspection experience. He will be equally responsible for the overall quality management, field observation, daily documentation, testing oversight, survey coordination, evaluation and contract document compliance, if needed. Administrative Support / Labor Compliance (as needed) Rhonda Holbrook will provide an important element of the project in the capacity of the administrative / DIR support on a part-time basis. Rhonda has more than 30 years of experience providing administrative support to municipal clients such as the Cities of Elk Grove, Sacramento and Redding, in addition to Contra Costa County and other similar agencies for on -call projects. She will support the project manager / project inspector in the daily management of the project as needed should there be any state or federal monies involved requiring specific document filing, DIR -labor compliance documentation, etc. SWPPP Oversight (as needed) Mark McAvoy, PE, QSD, has 12 years of experience in transportation and construction engineering throughout California, including municipal, public works and private development projects. Mark has considerable familiarity with federally funded projects, including funding programs such as CMAQ, RSTP, ARRA, DEMO and other federal grant funding through Caltrans and FHWA. As a Qualified SWPPP Developer (QSD), Mark also has experience reviewing and implementing Storm Water Pollution Prevention Plans and Water Pollution Control Plans. As noted, additional personnel information can be provided upon request detailing specific project information and experience of the CALTROP Team key personnel and / or other participatory staff in consideration of this project proposal. (Full resumes provided upon request). Full resumes are attached. June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Project Understanding & Approach Project Understanding CALTROP employs a proactive, preventative and quality management approach by ensuring all required and defined tasks and deliverables are performed correct and efficiently the first time. "Do it right, and do it once." We understand that the City of Gilroy (City) needs an experienced consultant to provide complete construction management and inspection support services throughout the course of construction and post- construction activities. Additional support may be inclusive of materials testing /sampling, quality assurance and project construction surveys and staking if determined to be necessary and as approved by the City. The CALTROP Team has thoroughly reviewed the City's provided project documents, PS &E and anticipated schedule and confirms our commitment to have our resources available to perform the services as outlined in the provided Project's RFP. As noted, CALTROP will supplement the noted support services as outlined in the e- mail of June 13, 2014 via a pre- approved Scope of Work and Services Plan and approved task order. CALTROP understands that the anticipated construction duration is approximately four (4) months (80 working days exclusive of pre- and post- construction activity. The City of Gilroy in concert with the City of Morgan Hill and the SCRWA is preparing for the Joint Trunk Sewer Replacement Project which proposes to improve the existing sanitary trunk sewer line in Gilroy, California, beginning upstream with flows from the north end of the City from Morgan Hill by replacing approximately 5,340 feet of existing sanitary trunk sewer line in two (2) locations along the same alignment. The existing trunk sewer line consists of one 24 -inch pipe and one 33 -inch pipe running in parallel to each other. The proposed project 14 -PW -208 will remove and replace two sections of the 24 -inch pipe with a new 33 -inch and 42 -inch pipes for approx. 1.4 miles +/- in order to replace the aging pipe with new sized transmission pipe to meet both current system decay and future needs as anticipated by the current City of Gilroy 2020 General Plan (2002). CALTROP also understands that the construction of the Project consists of a combination of the following: • Anticipated start date is late August or early September 2104 • Construction duration is targeted at four (4) months (80 WDs') • Multiple funding and stakeholder sources including the City of Gilroy (sponsor) and the SCRWA. • Estimated construction estimate is $3.4 million • No expected federal support and / or DBE goals • Anticipated contractor via low -bid is Rolfe Construction • No public outreach has been accomplished to date • Need to provide continual service(s) during construction • Facility Improvement: a manhole to manhole sewer line improvement beginning at the upstream crossing of Hwy 152 (Pacheco Pass) and flowing downstream to the connection to the South Trunk Sanitary Sewer relief line in the City of Gilroy at Southside Drive • Point Replacement / Installation: contractor cannot construct / trench any further per day that what can be effectively constructed and backfilled placed per day • Lateral reconnections and associated pavement restorations along the alignment • Project will be constructed under Negative Declaration approval adopted 1/27/14 June 27, 2014 r Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Project Understanding & Approach Key Elements and Milestones for Success In the course of every project there are always issues that arise that can have potentially serious impacts on costs and / or schedules if not addressed appropriately and early within the project timeline. As noted, such issues should be anticipated and addressed during the final design process or prior to the beginning of construction before advertisement via constructability review(s). We recommend that our proposed field staff conduct a detailed constructability review prior to the pre- construction meeting or giving the Notice to Proceed (NTP) to the contractor. This effort will help mitigate any issues before breaking ground and would allow for a correcting Change Order to be issued prior to start if necessary. From our review of both the current available project documents and several site visits, the below items is a brief outline of what we believe are a few of the various project items critical to the Project's delivery and its' success: • No negative impacts to be encountered per environmental documentation • Will require OVH Utilities and Power Poles (Vertical Clearances) precaution • Minimize local residential / business traffic, noise, access, etc. • Will require Encroachment Permit from Caltrans at Hwy 152 crossing • Relatively high groundwater table • Dewatering of trenches and evacuation plan will be necessary • SWPPP management, especially adjacent open -cut and terrain release • Crossing of major streets (Hwy 152, Holloway, Southside Drives, etc.) • Equipment storage / Corp yards • Maintaining service during pipe replacement / installation activities • Trenching / placement operations can only go as far as practicable per day (must be able to backfill and re- connect laterals in segment) • Public Notifications, Detouring, etc. • Emergency / EVA coordination • Trench sheeting / shoring, safety and OSHA compliance • Jack and Boring Pits and support systems located at: south of Holloway, creek crossing at Sta. 213 +, Sta. 217 -218 crossing, Sta. 225 +, Sta. 230 +, Sta. 232 +, Sta. 241 +50 and 250 + / -. (Will require a defined dewatering plan). • Will require extensive monitoring of dewatering and jacking fluid evacuation in regards to SWPPP management and WPCP. • Must maintain access to all existing farm and off -paved access at all times Project Approach Trunk Main per IS /PM Report CALTROP is a construction management firm specializing in transportation and capital improvement projects for public clients — state, county and municipalities. We provide clients with construction management expertise to address today's intricate engineering issues and challenges. For more than 25 years, we have supplied clients with a wide range of experience on projects throughout California. We have the depth of resources to assist our clients on any project anticipated under their program, including professional staff augmentation. CALTROP offers our clients flexibility. We are willing to work with you to meet the needs of your projects — whether it is full construction management or inspection staff augmentation. Our roster of service experience ensures you will have access to whatever resources are needed on this project. We are proposing a full -time, trained and qualified inspector of record, a part-time inspector and we are offering additional resources in case a need arises — office engineering and public outreach. We are also offering trained June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -PW208 Project Understanding & Approach ancillary inspectors that are fully equipped and can be deployed to the job site with a few hours notice. Our goal and objective is to be flexible and responsive at all times in support of the project. CALTROP TEAM Our team has the best credentials and expertise for your anticipated projects. In responding to this RFP, CALTROP has formulated a team that allows us to effectively and efficiently serve and immediately respond to the City. Our proposed Construction Manager / RE, Mike Schaaf, PE, will be responsible for ensuring that the performance of our proposed personnel meets or exceeds your expectation, work is accomplished on time and we adhere to the budget as well as the acting Resident Engineer. Mike will manage the team and be responsible for ensuring positive and effective team performance at all times. He is completely familiar with all City, County, State and Caltrans processes and procedures, as well federal and various city and county standards and will work with the City to identify staffing according to work volume and schedule. Our role will be to support the City and to provide services as necessary to complete all project delivery activities and to provide a seamless, single point -of- contact for the project, reporting to the City. Our team will enforce the contract documents, permit requirements, environmental matters and other agency cooperative agreements and provisions. Throughout the phases of work, the CALTROP Team will act as the City's agent and will be the liaison with all affected parties involved in the project and stakeholders to produce a complete, correct, timely, quality and efficient work that will not impact the project's cost, quality and / or schedule. The CALTROP Team will support the contractor by providing proactive identification of issues, guidance and the interpretation of the contract plans and specifications when deemed necessary. Our construction manager/ resident engineer (CM / RE) will exercise the authority as provided to him by the City and will empower technical personnel to resolve issues quickly. For this contract, and if determined to be needed, we will team with Pacific Crest Engineering (SBEI DBE), a geotechnical engineering and materials testing and inspection firm, to provide materials inspection, sampling and testing. We are also including Toure' Associates (DBE) who can provide biological, environmental and SWPPP oversight and Towill, Inc. who will provide construction surveys and staking. FULLY EQUIPPED STAFF, READY TO GO We have a fully equipped construction inspection and management staff in Northern California, ready to work now. Staff is provided with all tools necessary to efficiently do their jobs, including vehicles, laptops, digital cameras, wireless connections, mobile phones, safety equipment and mobile offices capable of scanning and faxing documents. METHODOLOGY TO ACCOMPLISH OBJECTIVES CALTROP has been successfully providing on -call construction management, inspection and engineering services to public agencies, cities and counties throughout California and the western United States since 1988. We have. extensive public works and municipal expertise, experienced personnel and a cost - effective approach to construction management and inspection. Several key components of a project are managed by CALTROP to ensure that the project is completed on time, within budget and to the benefit of the City and its residents. The key components to our approach include: • Selection of skilled and experienced personnel who are specifically matched with client needs. • Strict adherence to CALTROP's Quality Assurance / Control procedures. June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 v Project Understanding & Approach • Conducting a thorough review of bid documents before the bidding process begins. This review includes final constructability and bidability of the project. A constructability review is the single greatest tool for preventing schedule delays, costly overruns and excessive change orders and claims. • Keeping our clients informed at all times during the course of the project. • Providing a proactive public outreach program via inspection staff to keep all affected residents, businesses operations, property owners and the general public informed and safe with minimal inconvenience. • Preparation of detailed construction records and files for our clients. SCOPE OF SERVICES Our scope of services will cover all expected inspection services for the City's Engineering and Operations Division and as outlined in the Joint Trunk Sewer Replacement proposal. Our team will work under the direction of designated City staff to construct a safe, quality project on time and within budget. Our construction management team is well- trained to support our construction management approach. CALTROP's comprehensive construction services to the Public Works Department include providing expert local staff to support the City in the following: • Pre - Construction Services • Construction Inspection, Management and Documentation Services • Ancillary project oversight (SWPPP, materials testing, surveys) • Cost Control and Claims Avoidance • Post - Construction Services • Safety and Traffic Management • Effective Communications • Prompt and Reliable Assessments and Reporting General Work Plan A key element to the success of any project and our approach is to thoroughly understand the project requirements so that we can perform our services in a timely, efficient and effective manner — that is, within budget at the least cost and impact to the City and any affected stakeholders or the public. Our proposed work plan approach and general scope of construction management services typically divides the given project management activity into three distinct task categories: Task 1 Provide preliminary project construction management and inspection support services in accordance with the responsibility and authority given to us by the City prior to the start of work. This includes pre -bid services such as constructability reviews, addenda assistance, value engineering, chairing the pre -bid meeting, post -award support, pre- construction attendance and other support services. Pre - construction services will be steered by the Resident Engineer and /or assigned Project Inspector as applicable with assistance from staff as needed. UW June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Project Understanding & Approach 15 F7, Cons truction services . Provide full project management, inspection, administrative oversight, quality assurance oversight of material testing and inspection, SWPPP and NO[ management, construction surveys and quality control support. These activities will generally follow the Scope of Services of the provided RFP outline via e-mail of 6/13 and 6/20/14 or approved Task Order and can be modified accordingly as appropriate to the specific needs and task requirements of the City for the assigned project. The filed inspection work of the individuals assigned to the field, including inspection support, will be under the overall direction of the assigned Resident Engineer, who will provide the contract administration and guidance as needed. Task 3 Provide project closeout responsibilities and other final support services as required by the City and / or local jurisdictional policy(s) and CALTROP Construction Manual policy and procedures. Key Elements and Milestones for Success In the course of every project there are always issues that arise that can have potentially serious impacts on costs and / or schedules if not addressed appropriately and early within the project timeline. As noted, such issues should be anticipated and addressed during the final design process or prior to the beginning of construction before advertisement via a constructability review. We recommend that our proposed field staff conduct a detailed constructability . review prior to advertisement and before giving the Notice to Proceed (NTP) to the F contractor. This effort will help mitigate any issues before breaking ground and would allow for a correcting Change Order to be issued prior to start. From our review of the current available project documents and based on several site visits, we have prepared a brief list of items we believe are critical to the successful delivery of your project. The outline is shown on the following pages. Approach to Completing Project On- Schedule and Within Budget Our Cost and Budget Control Plan will include validating the assigned project budget, recognizing any uncertainty within the budget with line item contingencies and providing descriptions of those uncertainties, all within a clear reporting structure. Special attention will be given to value engineering from the 65% - 95% level to the final PS &E and to potential cost drivers on the project prior to advertisement. Equally important, after construction is awarded, the CALTROP Team will require the contractor to provide work plans for critical activities as necessary and will review each plan for optimal production, using techniques like early procurement, concurrent submittals, reduced submittal review times and concurrent construction activities. We will continually track the progress of the work, including changes, and verify that the contractor's invoices are accurate and complete through the tracking process. Furthermore, we will create various allowances for unanticipated issues. The CALTROP Team will keep the City and all affected stakeholders fully informed of all changes through regular reports on the status of the project budget. We employ many cutting -edge software tools for project management control. The CALTROP CMs' rely on Primavera P6 CMP software for schedule development and critical analysis. The CALTROP Team will compile and validate project schedules from the designer, contractor and / or external participatory agencies. The following June 27, 2014 ?� Proposal for Construction Management & Inspection services Project No. 14 -PW -208 Project Understanding & Approach is a list of issues or schedule drivers that will be given special attention during the review and reporting process for this project. • Baseline schedule and potential delays • Agency and / or other stakeholder activities • Utility conflicts / relocations • Unforeseen conditions • Clearance issues / conflicts / safety issues • Environmental mitigation / permitting • Delays in procurement • Third -Party coordination / cooperation Construction Management Plan CALTROP maintains an in -house Construction Management and Resident Engineer Procedures Manual that closely follows Caltrans standard procedures. For instance, the manual includes a list of project contacts including postal address, e-mail and phone information for client staff, construction management team, contractor, utility companies and other interested parties such as local bus services, US Mail Delivery, participatory agencies or affected other stakeholders such as the adjacent residents or businesses. It also includes emergency contacts, local hospitals and emergency services. We tailor this manual to suit specific project and client requirements. For example, we include procedures that the City, County or other affected participatory agencies would like to use to process documents and changes that are client- specific. We illustrate the procedure with flow diagrams and break points so that all concerned know the agreed -upon process from the start. The CM Manual is a living document and can be modified as the project progresses if it is determined a specific procedure requires improvement. Our team employs management and procedural methodologies based on well - established, project- tested construction management and administrative guidelines, cost control procedures, proven audit and cost recovery approaches, and claims management techniques that include Federal participation rules for funding and labor compliance. Our methodologies are underpinned by a proactive approach to coordination and the establishment of open, consistent channels of communication among all of the parties involved. Key Management & Construction Challenges and Resolutions In the course of every project there are always issues that may arise that can have potentially serious impacts on costs and / or schedules if not addressed appropriately and early in the project timeline. As noted, such issues should be anticipated and addressed during the final design process or prior to the beginning of construction before advertisement via constructability review(s). We always recommend that our proposed CM field staff conduct a detailed review before giving the NTP to the contractor. This effort will help mitigate any issues before breaking ground and would allow for a correcting Change Order to be issued prior to start. It will be the responsibility of the CALTROP Project Construction Inspector or the Resident Engineer to recognize such issues should they arise in as practicable manner as possible. We need to effectively communicate our concerns to the City and the design team, so that corrective steps are taken to minimize future construction impacts. We feel that our team's outstanding understanding of the City processes and procedures on this type of project provides us with an excellent foundation for anticipating potential problems and developing solutions in partnership with the City. June 27, 2014 Proposal for Construction Management & Inspection Services = Project No. 14 -PW -208 Project Understanding & Approach As a result of our field site review and thorough review of project documents and the advertised PS &E, we have identified the following key project issues. Such issues would be best addressed prior to the NTP or at the Pre - Construction meeting and / or at the early stages of construction: - Project Scheduling: (example) The scheduling and monitoring of all project related activities is paramount _ ===1— to the success of the project. Any additional utility relocations or unforeseen impacts, permitting, submittal and reviews, right -of -way engineering, etc. will be closely monitored so that access and project approval is accommodated properly. The Project cannot afford any delays that would seriously impact the timely completion of the work plan. For instance, utility management items typically need to be a first order of work and / or materials submittals and any long -lead items, followed by staged�u progression of the planned improvements. It is also strongly recommended that the contractor and consultant are on board with the City as early as possible as this will allow time for early submittal review and a project constructability review with the contractor in consideration to schedule deliverables. - Utility Improvements, Relocation & Verification: All existing underground and / or other overhead utilities to be abandoned, protected, relocated and / or new should be thoroughly verified and properly coordinated inclusive of all pending utility cabling agreements with any major provider or other stakeholder utility prior to the engagement of site activity. This activity is best served prior to final plan approval or release for start of construction and should be identified on the baseline schedule. This will be important in consideration to the existing overhead power lines to be protected prior to the beginning of work. We would anticipate that all of the existing utilities were potholed at locations of intersections with the water, sewer and storm drain lines prior to design development. We have worked with both agency and local government staffs on these issues on past projects inclusive of Rule 20 A / B agreements during both the design and construction improvement efforts and are very familiar with their respective needs, including preparing working agreements with various utility agencies. • Traffic Control: The continuous and safe movement of traffic during construction i AN, should always be incorporated into the design. As there is various THANK YOU segmented sidewalks adjacent to the work corridors inclusive of any FOR DRIVING SAFELY adjacent residential housing and businesses within the project limits, the contractor must do a continual safety review to ensure the safety of the public. The RE and field inspector will perform a jobsite safety review every day. Safe and continuous travel must be assured through any corridor ingress- egress, and / or local streets at all times in consideration to any school public transportation, children, pedestrians, commuter patterns, delivery schedules and / or business access and adjacent residential flows. This is to be monitored continuously through the course of construction for any relevant adjustment since the project impacts both adjacent business neighborhoods and cross - traffic. For instance, we need to ensure access at all times with the adjacent driveways and farm accesses. ' _ _ June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14PW208 Project Understanding & Approach ■ Public Safety: Public safety will be a critical issue in regards to any assigned project. Safety in regards to adjacent access ramps, public accesses, pedestrian access and along the major identified corridor is paramount. Additional concern stems from site staging and earthwork / grading and paving construction adjacent any residential units, businesses and live roadway. Strict adherence to all safety, notifications and monitoring must be provided 24 / 7 during all related work to ensure both public, residential and construction worker safety. (For this reason, we can provide oversight support services of Bijan Salar, PE, CSP, of CALTROP, to ensure a safe working environment). ■ Utility Tie -Ins: The Project includes a few utility tie -ins / connections, relocations and / or adjustments that will need to be addressed and coordinated. We do not want to unnecessarily tear up any local street, access ramps or within the project limits or street access should the contractor wait until completion of work or paving should there be problems, thus timely coordination and scheduling is an important factor to be mitigated in advance. • Equipment Exhaust: Mitigating engine exhaust should be required outside of the contract documents. The contractor would need to categorize all equipment and provide a list to the MTC -BATA and County Air Quality so that overall exhaust gases are reduced under the contract. It will be the responsibility of the construction manager / resident engineer and inspector to monitor this accordingly in consideration to the project specifications. • Environmental: Mitigating noise and dust will be required as ultimately described in the contract documents and per local agency noise ordinance controls in regards to each project. As noted, this is a very sensitive issue with the many local and adjacent residents. The contractor will need to categorize all equipment, construction activity, times, etc. and provide a list to the resident engineer so that overall construction noise is reduced under the contract as far as practicable and that the affected residents and / or businesses are notified of such. Such activities that will generate excessive and / or nuisance noise are concrete pumps, asphalt paving machine, vibratory equipment, demolition of the existing pavement and shoulder areas or other construction equipment. It will be the responsibility of the resident engineer and inspector to monitor this accordingly in consideration to the project specifications and allowable working times on a projected schedule and daily basis. Mitigating any engine or machine exhaust will be required as outlined in the contract plans; this is extremely important in consideration to both adjacent residential and commercial properties. The contractor will need to categorize all equipment and provide a list to the resident engineer for review so that overall exhaust gases are reduced under the contract. It will be the responsibility of the construction manager and inspector of record to monitor this accordingly in consideration to the project specifications. Light, glare and dust are also factors that can present in this type of work environment. The contractor will need to categorize all equipment and activity scheduling so that overall dust, light and / or glare potential are reduced under the contract. It will be the responsibility of the construction manager and inspector of record to monitor this accordingly in consideration to the project specifications. �EALTRUF June 27, 2014 • Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Project Understanding & Approach ■ SWPPP-NPDES Compliance & Oversight: The daily monitoring of all construction activity is an important responsibility that must be effectively enforced at all times specifically in regards to open trenching through farmland and the evacuation of dewatering and jacking fluid materials. This is also to be in full compliance with all local and RWQCB or non -point source regulations, inclusive of the approved SWPPP document and BMP's. Various items that can become non - compliant or a pose threat are earthwork, grading operations, equipment maintenance, unprotected inlets and / or drainage courses, improperly stored materials, overall site maintenance, portable toilets, and / or uncontrolled run -offs. It is the responsibility of construction manager and / or inspectors to monitor all daily activity for any impacts, non - compliance and / or enforcement of the project specifications and / or imposed BMP's to effectively minimize any impacts before they happen. • Community Outreach & Public Inconvenience: Public notification and interaction with all affected businesses and the community will be an important facet of this project. Various affects to the public, local businesses and adjacent resident can range from traffic delays, noise, dust, visual impact, etc. will need to be monitored continuously and addressed in a timely and appropriate fashion. Therefore, timely notifications, communication and public awareness will be maintained throughout the course of project construction, which we will achieve through notices, advertisements, meeting, signage and personal outreach efforts by both the contractor and / or our team's staff as deemed necessary in an effort to minimize public inconvenience. Additionally, a project link to the City's website is recommended to keep the business and residential community informed of the project progress at all times (e.g., traffic impacts to either Holloway Drive or Southside Drive). CALTROP can provide website assistance. We would also recommend establishing a 1 -800 Informational / Complaints Hot Line for larger traffic - impacting projects as appropriate. June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -1 Example Scope of Services Scope of Work and Task Plan Our proposed resident engineer and project inspector will support the City's assigned Project Manager and will represent and assist the City of Gilroy (City) in the successful completion of the various phases of work required for this project contract. Our intention is to represent the City in the most efficient and professional manner in order to provide and deliver the project on -time and within budget and in concert with all affected parties requirements. The below is our typical scope of services outline that we will employ that also incorporates the management requirements as outlined in the City's emails of June 13th and 20th, 2014. Task 1 Prior to Construction Services 1.1. Plan Review We would propose to provide pre - construction support services prior to the beginning of work that will concentrate on conducting a thorough review of the plans and specifications and bid package. Special focus will be given to the final PS &E documents as bid for their overall constructability and to be aware of any anomalies that could lead to potential claims that may arise during the course of construction stemming from potentially flawed design or ideas that have not been reviewed. Such examination would include, but not limited to: • Any missing or conflicting details • Any potential cost impacts • Utility conflicts and / or missing information • Appropriate allowance for rain days 1.2. Engineer's Meetings • Errors in cross - referencing or design calculations • Overall specification review • Schedule / Working Days • Value Engineering We propose to have our assigned project inspector meet with the City staff and City's Resident Engineer and the designer of record (Blair Church and Flynn) to be briefed on the scope of the project, PS &E requirements, anticipated construction schedule, mitigation measures, project objectives, project constraints and project funding. As noted, we have a verysolid and successful relationship with the Design Engineer. 1.3. File Review As part of the plan review process, the project inspector will assist the resident engineer to review the designer's files on memoranda to the resident engineer, quantity calculations and other relevant documents that have been generated during the design process. 1.4. Environmental Review Our project inspector will assist the resident engineer with the review of all applicable environmental documents and permits to ensure that they are fully familiar with the mitigation and regulatory agency requirements. He will also help to develop a comprehensive schedule of all mitigation and permit requirements. These will be introduced to the project master schedule as milestones. 1.5. Schedule Review Our project inspector will assist the resident engineer to develop a resident engineer's project schedule for each project stage that will incorporate all pertinent project information regarding: June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -1 Example Scope of Services • Project Staging . Internal milestone and end construction Submittal Reviews deadlines • Traffic impact dates (utility or playground installation, demolition, etc.) • Activities broken down into parts of the work to facilitate easier review • Critical path items and deliverables • Risk to the owner • Utility relocations • Environmental and permit windows • Time lines for permits and agreements Of note, our ancillary team support members have reviewed hundreds of schedules on other high - profile / high - priority projects and firmly believe that we can help to protect the City in a substantial way. Once the contractor submits their schedule, the resident engineer's schedule will be reviewed and updated accordingly. 1.6 Traffic Plan / Control The Traffic Plan and Control procedures will be reviewed by our project inspector with the resident engineer. The continuous and safe movement of traffic as affected on the adjacent arterial streets within the project limits and adjacent connecting access / driveways during construction for both AM and PM traffic must be incorporated into the final design and staging efforts. This effort should include assessment of any haul and delivery routes, maintaining emergency vehicle access at all times, ingress / egress to the project, pedestrian travel, detours or delays that may affect public or business safety and convenience. Safe and continuous travel through the affected corridor(s) must be assured at all times, taking into consideration a wide variety of factors and users, school children, commuters, seasonal variations, delivery schedules, business access and adjacent residential flows. Traffic flows for both vehicular and pedestrian of adjacent local streets and trails will be monitored continuously over the course of construction and adjustments made as necessary in order to minimize or avoid localized impacts or safety impairments. There are three (3) basic traffic management plans that will need to be addressed: • Identification of the current and anticipated access and circulation needs (both vehicular and pedestrian / bicycles) both along the corridor and adjacent access driveways. • Definition of a strategy addressing all planned construction phases, identifying how circulation and access will be maintained and amended during construction for public safety and convenience. • Definition of traffic management rules for all approved staged construction periods. 1.7 Construction Manual The construction support team will submit to the City's Project Manager our Construction Manual for approval. Our Construction Manual details how we will help to administer the project including lines of communications, forms and checklists. It is written to coincide with Caltrans criteria (i.e., the Local Assistance Procedures Manual) as local assistance funding will require specific documentation. We will mesh our Construction Manual with your relevant reference material to create a manual to be followed by all parties throughout the project. 1.8 Quality Control Program CALTROP will develop and maintain a Quality Control program throughout the progress of the project which will include the observation and monitoring of the work in compliance with the approved plans and specifications. All team members will be fully apprised of the project construction documents. Also included is the oversight of all project submittals and long -lead items to ensure that they are to be furnished in a timely manner and per schedule. Materials testing and inspection quality assurance would also be a function of this task item for full June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -I Example Scope of Services project compliance. Our Quality Control plan will be submitted for City approval prior to the start of the construction work as part of our Construction Management Manual. 1.9 Document Existing Site Conditions Prior to breaking ground the construction management field staff (project inspector) using digital equipment will photograph and video the entire project including surrounding properties to develop an "as is" condition record. This will be done in conjunction with the City, contractor and local property owners. The complete photographic record will be maintained by the City in safe keeping with copies kept by the resident engineer and one (1) set provided to the contractor(s). The project inspector will also take daily digital photos. The entire project will have photos and video taken weekly. Task 2 During Construction Services 2.1 Field Office Our staff will administer this project on -site or via provided office space as appropriate; administrative support will be provided from our nearby Emeryville office. 2.2 Pre - Construction Meeting Following the selection of the construction,contractor(s) our project inspector will assist the resident engineer in the organization of a pre- construction conference with the contractor, subcontractors, City staff, utility companies and other interested parties to discuss the project and the work involved. The conference is intended to introduce the staff from each organization that will be involved in the work, establish administrative matters including lines of communication, submittals, contractor payment application, labor compliance requirements, safety including job site and public safety, rules for visitors to the project site, accident prevention, emergency response, traffic control, storm water pollution prevention, schedule and working days, answer questions from the contractor and other interested parties and address issues that need to be resolved before work commences. 2.3 Coordination We fully recognize that our field team reports to the City Project Manager / Resident Engineer. Our project inspector with the assistance of the CALTROP Construction Manager (Mike Schaaf, PE) will be the main point -of- contact with the City staff and will be responsible to keep the City staff fully informed of project progress, issues encountered and resolution of those issues to ensure completion of the work according to the City's requirements. Our construction manager will act as the catalyst to ensure that our construction inspection and materials testing team fully covers the work and that the necessary coordination of City, utility companies and other stake holders and the construction contractor's is maintained throughout the construction period. 2.4 Construction Meetings The resident engineer will hold weekly meetings with the contractor, City Staff and other interested parties. During these meetings, the project inspector will help to support the resident engineer in the review all pertinent job parameters, potential problems, alternatives, scheduling, policies and task methods. The resident engineer will distribute weekly project meeting minutes to all attendees and previously designated City staff. June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -1 Example Scope of Services Also, it is suggested that the construction management team require a meeting(s) with the contractor prior to any major part of the work beginning, traffic switch or pending stage shift. The purpose is to walk through the contractor's procedures including public safety, traffic control, material delivery, schedule and notice to affected businesses or property owners before work begins. This "pre- task" meeting helps ensure that all affected parties are fully aware of the contractor's methods and procedures before work starts. Agendas for all meetings will be distributed to all interested parties prior to the meeting. Minutes of all meetings will be provided to the City staff within one (1) working day of the meeting. 2.5 Contract Documents The document control and easy retrieval is an important element in project management. We propose that the City consider a process to scan every document for the project — incoming and out - going. At the end of the project, the City could store one (1) CD rather than a large volume of project related materials. We will assist with set -up the project files per Caltrans standards to be consistent in the event of audit. The resident engineer with assistance from an administrative assistant or the project inspector will be responsible for general filing and distribution of correspondence. We can also maintain copies of all project records in the field office and our secure off -site location in our nearby Emeryville office if requested by the City. We will provide to the City monthly reports on our activities, project progress, issues and resolutions. We will carefully monitor and support the resident engineer for all Requests for Information (RFI), then review, disburse and track. Although this is a routine function of any construction project, the key is prompt review and timely response so that the owner's interest in cost and schedule are kept in consideration. By our close monitoring and coordinating the follow -up of all RFI's, we will help to prevent the costly delays and / or changes to the project schedule or scope. Logs of the project will also be kept as a single- source of information such as change order logs, letter logs, cost or scheduling reports, etc. Our inspection staff will also assist the City and the resident engineer in the provision of documentation and / or reports to various local agencies or affected governing agencies as required. The project inspector will be equipped with a laptop to ensure the efficient submittal of daily diaries, logs, reports and other project documentation to the City in a timely fashion. The assigned project inspector will constantly review the plans and specifications to determine whether the contractor is building the project correctly and in accordance with the intent of the City. We will "look ahead" to prepare for specific project tasks to protect the City against defects and deficiencies by the contractor and designer. Close adherence to the plans, details and all applicable specifications is required in order to properly construct and administer the project. Activities include, but are not limited to, maintaining continuous agency coordination, issuing Notices of Non - Compliance, maintaining strict adherence to all local policies, conducting a daily review of the construction operations, conducting reviews of all potential liquidated damages and claims, and adhering to all city, county, federal and / or state standards and construction guidelines and compliance as applicable. 2.6 Labor Compliance If required by the City, labor compliance and review of certified payroll will be carried out by Rhonda Holbrook, our Labor Compliance Analyst. She will review, track and organize certified payroll received from the contractor. She will review, track and organize certified payroll received from the contractor in compliance with the requirements of the Federal Davis Bacon and related acts and the State of California Prevailing Wage Laws. We June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -1 Example Scope of Services have in place procedures and processes to verify that all covered construction workers are paid at the appropriate prevailing wage for the classification of the work performed on the project. Our project field staff will require the contractor(s) through the prime contractor to provide weekly certified payrolls and supporting documents which will be reviewed and maintained in the project field office. Audits of the contractors payrolls and field personnel will be performed as necessary by the project inspector and / or analyst. We will conduct field interviews via our project inspector on a regular bi- weekly basis throughout each month with selected workers, that are representative sample of all trades performed on the project, from each contractor and subcontractor performing work. Compliance with the requirements to provide certified payrolls will be enforced by withholding monthly progress payments against non - conforming contractors. We will promptly notify the City of any irregularities in any failure on the part of contractors to comply with prevailing wage requirements. We will provide written notification to prime contractors of any non - compliance, itemizing all deficiencies, suggestions of remedies and itemizing any applicable progress payment withholding and applicable penalties due to the non - compliance as a result of their or their subcontractors failure to comply. Our staff will include a labor report in their daily dairies that identifies a list and daily count of construction workers, their classification and the workers employer's name. 2.7 Progress Reports Our project inspector will prepare a weekly progress report for the resident engineer which will be submitted to the City one (1) day after the weekly progress meeting with the contractor. The report will include work achieved during the preceding week, problems encountered and solutions found on -going issues and anticipated activities for the next two weeks. We propose to include weekly progress meeting minutes with each report. Our staff will also prepare a detailed monthly progress report that will include work achieved during the month, problems and resolutions, on -going issues, action items, project photographs, schedule (actual and planned), anticipated work for the next month and construction and construction engineering budget expenditures. 2.8 Contract Change Orders In the event that change orders arise due to change in scope, conditions or by request, our project inspector will assist the resident engineer by providing a comprehensive review and cost estimate for recommendation. This will allow the City the ability to make an informed decision on both the viability of said change as well as an economical one. Once a contract change order has been properly approved, the project enspector will assist the resident engineer as necessary in the preparation and processing through the City and track progress of the work. Tracking of the change order(s) will be done on a monthly spread sheet and paid accordingly upon approval and documented on the next pending monthly progress payment. 2.9 Progress Payments The project inspector will carefully analyze the contractor's initial schedule of values for reasonableness in compliance with the contractor's intent and make recommendation for acceptance or denial. As the work proceeds it is important that the contractor's pay application is processed in a diligent and timely manner. We will assist in the preparation of the monthly progress payments after receipt of the contractors request for payment with regard to schedule, budget, change orders, force account items and "as- built" June 27, 2014 • Proposal for Construction Management & Inspection Services Project No. 14 -1 Example Scope of Services updates. We will aid the processing of all the available data and make our recommendation to the resident engineer for payment. We can use an electronic software -based application to transfer the inspector's daily item inputs to calculate daily project progress. This information will be submitted to the City Project Manager in preparation of the monthly estimate. The staff will follow the paper control processes that Caltrans uses. 2.10 Project Schedule Under the direction of the resident engineer, our project inspector will monitor the project(s) schedules, costs, provide correspondence and project documentation and keep all affected parties apprised of the project status via weekly reports and team meetings. We can also continuously track the progress by means of a computerized Critical Path Method (CPM) program such as Microsoft Project, Primavera or P3e /6 formatting. It is important for the contractor to submit in accordance with the contract documents a baseline schedule for approval with the inclusion of cost resource loading and the identification of the project milestones. • racer rir an ti �.rr.N.rwr r�s+�,�r, rrer,.�,. r pia :,,Na.,...H VCe.� icrra m .wcwt,,..a -� i �? - �iarov ■ur +5 :riro►e. ®N.+N � ,I 11 GIR+Ib IM�rA0rY1 ►I4M. rwwwr : rw.or.� nQ aNYEYWN �..11111,i Qi,IrY mai WIICMe 1 1 otwrM wNw :^i N1 awry � t pwrD, rNNlr• N aty.,s. m+rw Kr�r.nrwr LrerLrea�r.r WrrN 4Yly rpsrwr �W@il► rrw w.v ru.a•,rsrirr r : i �o,ww ImuiM ti,N �DlN'#KI✓I�tN pLUF �RNM J 'nIN,wOMfWM J <NNWVN it ] ,OYUF NAM. t i ^i,b i�IY�NY�,Y,w1Ib� ow>.a.. r i� ] �axcN iN]nN rN[N'JVw I wiN ;CU�'so YS 2.11 Project Budget Budget monitoring is of high importance. We will assist the resident engineer in the tracking of the quantities on a daily basis with the submittal of contract item quantities. We will inform the City if there are any anticipated overruns that lead to an increase of costs. Some budget savers include: • Keep the City fully informed • Web or e-mail real -time based project budget and item monitoring • Agreed invoicing format • Timely submittal of monthly payments • Web -based summarized report to the City • Inspector's daily quantities captured daily • Overall budget vs. payments analysis • Account for item overruns and completed bid items • Anticipated and actual issues (risk management) • Include consultant budget within the overall construction project burn rate • Develop project savings to increase the contingency balances. June 27, 2014 • Proposal for Construction Management & Inspection Services Project No. 14 -1 Example Scope of Services Anticipatedvs Actual Progress 100111 i 51.200.000.00 90% Glewllbie denotes xtwi 1 DO % PwI FM cOTD4te baud m Prgtnnr P�K n actual time 52.000.000.00 I 'L 5200.000.00 60% o - 50% � 5600.000.00 ( a 3 40% c30% DR+►Ene dwwesOx�IMla�er Ellnl dl pmem" tine NOW On ca A Ac, SaxahctnrdYCORWeted) a Sloo.o00.00 20 % 5700.000.00 10X 0% 1 $0.00 — 0% 10% 20% 30% 4096 SO% 60% 70% 80% 90% 100% Pucwta6e Oapced Time (r) CM Estimate Billing Versus Actual Billing 0 1 2 3 s 5 6 7 8 9 10 11 12 13 lA M—thly I—, SOUTH SONNYVIEW ROAD WIDENING - CITY OF REODING 2.12 Contractor Proposals / Value Engineering In accordance with Caltrans Standards and Specifications, the Contractor is entitled to submit a Cost Resolution Incentive Proposal (CRIP) to save time or money in the contract provided that certain requirements are met. Our project inspector and construction manager have supported and / or administered multi - million dollar CRIPs and is well versed in the process. After receipt of the contractor's proposal, we will review them for merit, entitlement and cost and make our recommendations to the City. 2.13 Utility Coordination The project inspector and the resident engineer will place coordination with the utility companies as a top priority on their "to do" list. This will be done proactively, not reactively. 2.14 Shop Drawings We will assist in the review of all shop drawings. We will analyze the drawings and make recommendations on whether or not they conform to the intent of the construction documents. We will then return the drawings back to the contractor via the resident engineer with approved, declined or to proceed corrections noted. 2.15 Project Submittals All project submittals will be logged into the resident engineer's office as assisted by the project inspector. Typically we would expect to receive six (6) copies. One set of the submittal will be retained in the field office for records. Two sets will be sent to the design engineer for review and mark -up. Others will be routed to the appropriate personnel as required and the City with a statement identifying when the submittal should be returned to the resident engineer's office. Tracking of submittals will be part of the progress meetings and will be tracked by our inspection staff. In the event that the reviewers are unable to carry out their analysis within the specified time frames, the resident engineer will call a special meeting with all parties concerned and will resolve the roadblock. 2.16 Materials Testing (if- needed) The CALTROP Team will oversee or provide all necessary quality assurance, testing scheduling and the oversight of materials testing, CLAP inspections and materials inspection. This will include provisional material sampling / testing services that comply with the City, the approved Special Provisions of the project (by others). The CALTR13Pe June 27, 2014 • �« Proposal for Construction Management & Inspection Services Project No. 14 -) Example Scope of Services resident engineering / project inspection staff will maintain files of all material sampling, logs, source inspections, certifications and testing records. Should it be deemed necessary, CALTROP will utilize the services of Pacific Crest Engineering for all materials testing, QA and IQAT provisions. 2.17 Surveying It is understood that the City will provide construction staking through separate contract or by the contractor. The CALTROP project inspector regardless will assist and coordinate all construction staking activities and verify all grade staking, layout and / or clearing limits as necessary. Should it be deemed necessary, CALTROP will utilize the services of Towill, Inc. for all construction surveys and staking needs. 2.18 Construction Inspection Close adherence to the plans, details and all applicable specifications is required in order to properly construct and administer the project. Activities include, but are not limited to, maintaining continuous agency coordination, issuing Notices -of- Non - Compliance, maintaining strict adherence to all local policies, conducting a daily review of the construction operations and adhering with all City, County and / or State standards and construction guidelines and compliance. Our assigned project inspector and quality assurance field personnel will write electronic daily diaries including phone conversations, field instructions and discussions. Construction management staff will write inspector's daily reports including weather, personnel on the project, equipment used anomalies, tracking of force account activities and any other daily occurrences pertinent to the scope, schedule and budget and quality all safety related issues. The Resident Engineer will then review these issues and ensure progress toward 1..�4F•Y..M..d.w.�Wr w� M W W.Y�.ii�Mi tlnMl11 ✓M /�wwn+rw'�Y.O.M Mr resolution. The contractor will be required to inform the . • ..... ri resident engineer and / or project inspector of any safety issues. It will be general policy that a CALTROP Team employee will be part of the contractor's safety project walkthrough. We utilize a form similar to Caltrans'. The resident engineer will review all project inspector diaries. Diaries greatly contribute to potential claim resolution. 2.19 Test Data Our project inspector will assist the resident engineer with the review of all contractor provided manufacturers shop or mill test certificates including test reports from independent materials testing laboratories. The resident engineer or the project inspector make recommendations as to acceptability of materials, equipment, performance ratings, soil density tests, concrete cylinder tests and other field test results to ensure compliance with the Contract Specifications and Quality Assurance Program. June 27, 2014 ��r- tee■■■■■■■ �LZ �■■■ ■ ■■■■� Mr m■■■■■ ■n =rte- �■■■■■■■n� =��emmmm■ ■ems W.Y�.ii�Mi tlnMl11 ✓M /�wwn+rw'�Y.O.M Mr resolution. The contractor will be required to inform the . • ..... ri resident engineer and / or project inspector of any safety issues. It will be general policy that a CALTROP Team employee will be part of the contractor's safety project walkthrough. We utilize a form similar to Caltrans'. The resident engineer will review all project inspector diaries. Diaries greatly contribute to potential claim resolution. 2.19 Test Data Our project inspector will assist the resident engineer with the review of all contractor provided manufacturers shop or mill test certificates including test reports from independent materials testing laboratories. The resident engineer or the project inspector make recommendations as to acceptability of materials, equipment, performance ratings, soil density tests, concrete cylinder tests and other field test results to ensure compliance with the Contract Specifications and Quality Assurance Program. June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -1 Example Scope of Services 2.20 Safety Project safety is the responsibility of the General Contractors'. Our project inspector will help conduct and document project safety meetings in accordance with project requirements (per the contract documents and as supplemented by the Caltrans CM and Safety Standards). He will immediately report all accidents or infractions to the resident engineer including property damage and notify proper authorities. The project inspector will document all incidents with digital photographs and written reports and enforce federal and state regulations for occupational safety and health standards for construction activities. Our project team through the resident engineer and will review the project plans and develop a listing of potential project safety issues. A project specific code of safe practices will be developed for all team members and visitors to the project site to sign. Examples are: • General Policy — Correct footwear, hard hats, safety reflective vests, eye protection, ear protection. • Fall Protection — Any access more than 3 feet elevation above ground level requires tie off apparatus. • Trenching and Shoring- Maintain all Cal -OSHA safety standards and approved systems. • Confined Spaces — Manholes, Drop Inlets and Electrical Vaults. • Work around traffic — Project Wide. • Work adjacent buildings, businesses, foot traffic — Project Wide. • Night Work — Wear Tyvek suits, ensure CMS are readable and in working order. We will ensure that prior to accepting portions of the work as relief of maintenance; our staff will review the work and make recommendations to the City with regards to our findings. Internally, the resident engineer and / or the project inspector will walk the project daily monitoring for safety issues. In addition with in each day our project inspector will review their portion of the work. Our Safety Engineer, Bijan Salar, PE, CSP, can visit the job site on a monthly basis to review overall project safety. 2.21 Environmental and Permits Our field inspection personnel will thoroughly review the environmental assessment and impact report prepared for the project and become fully familiar with the required mitigation measures. This will be done during the preconstruction phase of the work. As construction begins all of our field staff will be fully briefed on the environmental mitigation and protection required and will monitor the contractor's compliance throughout the construction. We plan to assign one staff member with responsibility for coordinating and recording the compliance and monitoring activities. 2.22 Public Information Establishing and maintaining open communication with the community affected by any construction affecting local roads is an important factor in the projects' ultimate success. A community outreach program must include a strategic series of notices, advertisements, meetings, signage and walk- around, one -on -one contacts. Specific means could include one or more information exchange meetings at a local community center, such as the adjacent City Hall or local school, postings at schools and local businesses, newspaper and / or radio announcements, mailer and roadside signs. It is useful to periodically visit businesses to ensure there are no complaints or concerns. Additionally, an 800 number, dedicated web -site and other activities can further enhance the outreach efforts. Our project inspector and / or resident engineer can assist in establishing a workable public relations program in conjunction with the City staff. wags on..- aa..r®a. a.w.. ai.a.a. June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -I Example Scope of Services 2.23 Claims Management Should issues arise requiring a claim to be filed, CALTROP will review the merits for the claim and advise the City accordingly of such, if warranted. In the event of a dispute, CALTROP will always approach it with the consideration of resolution in the best interests of the City which is fair and will prevent further claim and / or subsequent litigation. The constant communication between the resident engineer and the contractor's representative can help to suppress the further risk of claims and the owner's risk is greatly minimized. The percentage of all claims that arise should be resolved at the jobsite. The following procedures are examples, but not limited to, the control of construction costs that CALTROP employs: • Ensure all submittals and RFI's are reviewed and returned in a timely fashion • Obtain and document compliance to all contract requirements • Document all work performed and payments for work and update accordingly • Monitor the submitted construction schedule to control items of work for completion of the contract within the specified contract limits and to reduce the potential for any claims of delay • Resolve potential claims at the earliest possible stage. Pay contractor for any additional cost they are entitled to under all governing policies and procedures • Use an effective system, such as spread sheets or potential change order lists to effectively monitor and prepare all CCO's • Implement quality control and value engineering procedures with respect to construction operations for possible project cost savings • Provide continuous coordination with all affected local agencies and / or governing institutions • Continual verbal and written communication • Daily monitoring and oversight of SWPPP -NPDES site maintenance and compliance 2.24 Final Inspection As parts of the work are completed, our project inspector will organize a final walkthrough with the resident engineer and City personnel and develop a deficiency list with subsequent Punchlist in association to any outstanding items of work or those that are non - complaint for distribution and correction by the contractor. Task 3 Post Construction Services 3.1 Project Close -out Our project team via the project inspector will work closely with the design engineer, resident engineer and City staff to ensure that the project close -out proceedings are done quickly, accurately and be consistent with all relative policies and procedures. We will review and monitor the contractor's submittal information respective to the close -out such as "as- constructed" information, warranties, bond reduction, Punchlist prosecution, etc. In addition, CALTROP will prepare and submit the following documents in accordance with Chapter 17 of the Caltrans Local Assistance Procedures Manual: • Final Detail Estimate • Change Order Summary (Exhibit 17 -E) • Final Report — Utilization of Disadvantage Businesses and Women -Owned Business Enterprises (Exhibit 17 -F) • Disadvantaged Business Enterprises Certification Status Change (Exhibit 17 -0) • Statement of Materials and Labor Used by Contractors Involving Federal Funds (Exhibit 17 -H) • Materials Certificate (Exhibit 17 -G) June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -I Example Scope of Services 3.2 As -Built Plans The project designer is responsible for preparing "as- built" full -size mylars after completion of the work. Our project inspector will maintain a set of red lines record drawings at the field office. These will be marked -up with "as- built" corrections for the Engineer of Record's (Designer) use in preparing original full sized mylars of the "as- built" conditions. 3.3 Contract Records Under the direction of the resident engineer, our project inspector will provide the City with an original set of construction documents catalogued in accordance with the Caltrans filing system which includes all documented correspondence, diaries, contract documents, labor compliance, materials and survey records for storage by the City. All contract documents should be digitized and filed electronically. CALTROP can provide the cost of such service if desired by the City at a later date. June 27, 2014 EXHIBIT "C AND D" MILESTONE SCHEDULE AND PAYMENT SCHEDULE 4842- 9635- 2788v1 _2_ MDOLINGER104706083 • Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Fee Proposal From our review of the provided contract information, review and understanding of the available and provided contract documents and technical specifications, several site visits and conversations with both City personnel local and affected businesses, we have developed a thorough understanding of the pending project and have prepared a proposed task and man hour summary. The following fee schedule and outline is to provide a snapshot of our full - service construction management approach, staffing plan and cost estimates for budgetary review for the project. Upon provision of final approved contract documents and submission of the baseline / CPM schedule of the approved contractor (Rolfe Construction), a final scope and task order summary can be provided for definitive use and agreement. We believe and agree that the project can be completed via a maximum number of working days of 80 WDs (tentative), or within 4 + / - months. Although we believe that the project can possibly be constructed in less days, we have provided a working construction schedule based upon an 80- working day calendar inclusive of a few additional days each side of the construction effort for pre and post- construction support activity which will also correlate with our general proposed staffing plan and budget. The general outline for our proposed staffing for each project is as follows: Project Personnel Role Project Mike Schaaf, PE Construction Manager/ RE Part-time (50% +/ -) Keith Hixson Project Inspector Full -Time Rhonda Holbrook Admin. Support / Labor Compliance 8+/- hrs. /week Ted Schieberl Project Inspector as- needed TBD — Pacific Crest Materials Tester / CIA Inspector if- needed TBD — Towill, Inc. Construction Staking if- needed Our task summary and projections can be found on the following page for the contract. Based upon our similar experience and knowledge of the project, we have assumed part-time support by the construction manager/ resident engineer for the contract as we feel that based upon the level of work to be expected that the construction manager / resident engineer can effectively manage this project given the full -time project inspector. We have assigned one (1) full -time project inspector to the contract in order to effectively inspect and oversee the work program and also are providing a back -up (as- needed) project inspector for redundancy in the event supplemental support or nighttime activity is incurred requiring additional inspection. Our hourly rates were included as part of the original Statement of Qualifications proposal package under separate submission. Final rates can be determined prior to task order and final contract agreement for this work plan. The rate sheets are inclusive of all overhead charges, direct and indirect expenses / charges and total aggregate fee for each contract. CALTROPx June 27, 2014 Proposal for Construction Management & Inspection Services ." Project No. 14 -PW -208 Fee Proposal June 27, 2014 Local Assistance Procedures Exhibit 10 -H Cost Proposal Title: Joint Trunk Sewer Replacement Project No. 14 -PW -208 80 Working Days Contract No : City of Gilroy - On Call C M Support Services Consultant: CALTROP Corporation Direct Labor Classification Name Pre- Construction Task 1 Resident Engineer Mike Schaaf PE Project Inspector Keith Hixson Administrative Rhonda Holbrook Task 1 Sub -Total Construction Task 2 Resident Engineer Mike Schaaf PE Project Inspector Keith Hixson Administrative Rhonda Holbrook Task 2 Sub- Total Post - Construction Task 3 Resident Engineer Mike Schaaf PE Project Inspector Keith Hixson Administrative Rhonda Holbrook Task 3 Sub- Total Total Sub- Total Labor Cost Tasks 1,2,3 Range Hours Rate Total O T Allowance 100A of Con Inspection Hours Total Labor Cost Other Costs Travel Equipment /Supplies (itemize see attached list) ODC (Itemize see attached list) Total Other Costs 30 $ 214.25 $ 6,427.50 40 $ 164.29 $ 6,571.60 12 $ 113.54 $ 1,362.48 $ 14,361.58 350 $ 214.25 $ 74,987.50 640 $ 164.29 $ 105,145.60 130 $ 113.54 $ 14,760.20 $ 194,893.30 44 $ 214.25 $ 9,427.00 50 $ 164.29 $ 8,214.50 20 $ 113.54 $ 2,270.80 $ 19,912.30 $ 229,167.18 64 $ 192.22 $ 12,302.08 $ 12,302.08 $ 241,469.26 Subconsultant Costs (see attached detailed cost estimate) Total Cost Estimate If Needed $ 75,000.00 $ 316,469.26 June 27, 2014 • Proposal for Construction Management & Inspection Services ` Project No. 14 -PW -208 — Fee Proposal June 27, 2014 Local Assistance Procedures Exhibit 10 -H Cost Proposal Title: Joint Trunk Sewer Replacement Project No.14 -PW -208 Contract No : City of Gilroy - On Call C M Support Services Sub - Consultant Costs: Frm Towell Inc Survey Pacific Crest Eng Mats Testing Sub - Consultant Total Cost Notes: Cost Estimate $ 51,000.00 If needed $ 24,000.00 If needed $ 75,000.00 1. All hourly rates effective through December 2014 per contract Schedule of Rates 2. All hourly rates are increased annually by the current CPI - Minimum 3% 3AII rates include employee wages, salary, related benefits, overhead and profit. 4. Overtime billed in accordance with State and Federal law. 5. ODC billed at actual cost June 27, 2014 • Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Fee Proposal Schedule of Fees Rate /HR Program Manager $190-$210 Governmental Affairs Coordinator $180-$220 Facilitator $130-$150 Senior Public Relations Agent $80-$100 Public Relations Agent $70-$95 Claims Specialist $165-$185 Senior Claims Analyst $145-$165 Claims Analyst $120-$140 Senior Project Manager $210-$240 Project Manager $190-$210 Assistant Project Manager $140-$160 Senior Resident Construction Engineer- Registered $160-$190 Resident Engineer $150-$170 Assistant Resident Engineer $120-$140 Resident Bridge Engineer- Registered $150-$170 Structures Inspector $130- $150 Construction Inspector $120- $140 Public Works Inspector $100-$120 Senior Schedule Analyst $150-$170 Senior Scheduler $130-$150 Scheduler $110-$130 Schedule, Technician $90-V10 Senior Estimator $120-$140 Estimator $120-$140 Office Engineer $100-$120 QA /QC Officer $125-$145 Project Control Specialist $135-$165 CPA/ Auditor $145-$175 Auditor II $125-$145 Auditor 1 $95-$125 Administrator II $68-$75 Administrator 1 $45-$65 Clerical II $45-$60 Clerical 1 $30-$45 Overtime rateforfield personnelwill be charged atl.5timesthe hourlyrate Field vehicles will be charged at $ 8 per hour Direct Project Expenses will be charged at cost plus 14 percent Invoices will be rendered rn on thly Rates are subjectto Prevailing Wage requirements and changes 1 June 27, 2014 • Proposal for Construction Management &Inspection Services Project No. 14 -PW -208 Fee Proposal Pacific Crest Engineering Inc. QQ*6 www.4pacific- crest.com 444 Airport Blvd, Suite 106 Watsonville. CA 95076 Phone: 831 - 79446 Fax: 831 -72: -9158 PACIFIC CREST ENGINEERING INC. STANDARD FEE SCHEDULE — GEOTECHNICAL GROUP January 1, 2014 The following schedule presents our rates for professional services. If desired, services other than construction observation and testing can be contracted on a negotiated fixed fee basis. Hours and mileage for professional and technical services are charged portal -to- portal from our office. Services during construction, such as testing and observation of grading, require both professional and technical services. Depending on the scope and duration of the construction project, an opinion of probable cost can be made. Minimum fee for any project is $1,000.00. Professional, technical. mileage and laboratory fees and rates are subject to change without notice. PROFESSIONAL SERVICES Billing Rate Principal Engineer S 170.00 per hour Associate Engineer\Geologist S 165.00 per hour Senior Engineer\Geologist $ 155.00 per hour Staff EngineerlGeologist II S 140.00 per hour Staff Engineer\Geologist I S 130.00 per hour Senior CAD Operator S 100.00 per hour CAD Operator S 90.00 per hour Administrative Staff S 75.00 per hour Expert Witness S 280.00 per hour Outside Consultants 1.15X Hourly Rate TECHNICAL SERVICES Senior Field Engineer (Prevailing Wage Projects)* S 110.00 per hour Staff Field Engineer (Prevailing Wage Projects)* $100.00 per hour Senior Field Engineer (Non - Prevailing Wage Projects - Residential)* $105.00 per hour Staff Field Engineer (Non- Prevailing Wage Projects - Residential)* S 95.00 per hour QSPISWPPP Monitoring Services S 110.00 per hour Lab Technician S 85.00 per hour Asphalt Core Drilling (Rig + Staff Time)* S 150.00 per hour * Includes nuclear density testing concrete sampling, and core drilling; two hour minimum charge per site visit. OVER TIME Over Time 1.5X hourly rate Sunday/Holiday 2.OX hourly rate Night Shift 1.8X hourly rate icirld,413p June 27, 2014 of G7 Proposal for Construction Mano eeme_nt & Inspection Services Project No. 14 -PW -208 Fee Proposal Pacd"K Crest Engineering Inc. Standard Fee Scheduk— January, 2013 www.4pacificcrestcom Page 2 MILEAGE EXPENSES Auto Mileage Drill Rig Mileage OVERTIME 50.56 per mile (or current IRS standard rate) No Charge Overtime, when applicable, shall be defined as working more than 8 hours in any one day, more than 40 hours in any one week and any work performed on Saturdays, Sundays, and Holidays. Double time is billed for Sunday and Holiday work and for work performed in excess of 8 hours on Saturdays. All other overtime hours are billed as time and a half. Night shift work is shift work commencing after 2:00 pm or before 4:00 am during any 24 hour period starting at 12:01 am. Our normal working hours are 8:00 am to 5:00 pm, Monday through Friday. FIELD TESTS Plate bearing load tests, pile load tests, vane shear tests, piezometer installations, slope inclinometer installations, and other special tests will be charged at standard engineering and personnel rates, plus cost of special equipment. INCIDENTAL EXPENSES Consultant shall be paid the actual cost plus fifteen percent of all other out -of- pocket expenses, including any costs of air travel, applicable sales, use and city taxes, as well as miscellaneous outside services and facilities, including: Subconsultant or Subcontractor fees; equipment rental, drill rig, underground locator, renderings, overnight delivery, permit and plan check fees, and similar expenses. SUBSISTENCE Subsistence charges shall include the actual net cost plus fifteen percent of meals, lodging and local transportation, including car rental costs incurred whenever the Consultant's employees are required to be away from their normal place of business. In lieu of this charge of cost plus fifteen percent, Consultant and Client may agree on a lump stun per diem charge to cover subsistence. PRINTS AND SPECFICATIONS Reproduction charges for prints and specification books for client use in bidding or construction or at client request will be billed at cost plus fifteen percent. COPIES OF PREVIOUS REPORTS Orders for copies of previously issued work will be billed on a time and material basis (minimum charge of S25.00). CALTRUP. June 27, 2014 N �,� OF Gllp0 Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 Fee Proposal Pacific Crest Engineering Inc. Standard Fee Schedule — January, 2013 ww%v.4paciGo-crest.com Fa_e 3 DRILLING AND SAMPLING Billing Rate Drill Rig including crew - truck mounted or crawler mounted: $185.00 Mobilization Cost + 15010 Straight Time Cost + 15010 Over Time Cost + 15010 Cone Penetrometer Rig (CPT) Cost + 15% CPT Travel Time & Mobilization Cost + 15010 Drilling is charged at 4 hours minimum. $180.00 Time is charged portal -to -portal from the drilling rig yard. Casing, Shelby tubes and any special sampling or subcontract equipment will be charged at cost plus 15 %. LABORATORY TESTS , Aggregate Classification and Indez Tests: Atterberg Limits (Liquid Limit/Plastic Limit/ Plasticity Index): • Method A (Multi Pointy ASTM D- 4318/AASHTO T89 & T90 $250.00 • Method B (Single Pointy ASTM D- 4318 /AASHTO T89 & 790 $185.00 • California Test Method, CT -204 $185.00 Grain Size Distribution of Soil: • Sieve Analysis w/ Hydrometer ASTM D- 422/AASHTO T88 $200.00 • Sieve Analysis w/o Hydrometer, ASTM D- 4221AASHTO T88 $120.00 • Material Finer than #200 Sieve ASTM D -1140 $ 85.00 • California Test Method, CT -202 $180.00 Grain Size Analysis of Aggregate: • Sieve Analysis ASTM C- 136 /AASHTO T27 5120.00 • Material Finer than #200 Sieve ASTM C- 117 1AASHTO Tl l S 85.00 • California Test Method, CT -202 $180.00 Moisture Determination, ASTM D- 2216 /AASHTO T265 /CT 226 $ 20.00 R Value: • Native Soil Samples ASTM D- 2844/AASHTO T190 /CT -301 5270.00 • With Additives, ASTM D- 2844 /AASHTO T190 /CT- 301 $330.00 Sand Equivalent, ASTM D- 2419/CT -217 $120.00 Specific Gravity of Soil, ASTM D- 8541AASHTO T100 $100.00 Expansion Index, ASTM D4829 $375.00 . t June 27, 2014 Ct� OF GI1; Proposal for Construction Monogement & Inspection Services Project No. 14 -PW -208 Fee Proposal Pacifw Crest Engineering Inc. Standard Fee Schedule — January, 2013 wwwApacific- crestcom Page 4 Afoisture Density ReladonslCompaction Curves: Modified Proctor. • 4" Mold, ASTM D- 1557 /AASHTO T180 $285.00 • 6" Mold, ASTM D- 1557 1AASHTO T180 $345.00 • One Point Verification (Check Point) $ 95.00 Standard Proctor: S 42.50 • 4" Mold, ASTM D- 698JAASHTO T99 $285.00 • 6" Mold, ASTM D- 698 /AASHTO T99 $345.00 • One Point Verification (Check Point) $ 95.00 Cal- Impact Test, CT -216 $280.00 Strength Tests: Direct Shear: • CD Peak and Residual, ASTM D-3080 (per point) $230.00 • CU Peak and Residual, ASTM D -3080 Modified (per point) $105.00 Unconfined Compression, ASTM D- 2166 /AASHTO T208 $ 80.00 Consolidation & F=ansion Tests: Consolidation, ASTM D -2435 5410.00 Expansion Pressure, ASTM D-3877 S170.00 Concrete Testing: Compressive Strength Testing, ASTM C -39, CT-521 (per cylinder) S 42.50 Hot Mir Asphalt OW) Tests: Bulk Specific Gravity of Compacted Hot Mix Asphalt • Saturated Surface Dry Method ASTM D2726 /AASHTO T166 $ 50.00 • Coated Specimens, ASTM D- I 188/AASHTO T275 $ 50.00 • California Test Method, CT -308 $ 50.00 Moisture Content of HMA, AASHTO T329 $ 20.00 Percent Air voids in HMA Mixtures, ASTM D- 3203 /AASHTO T269 $ 25.00 Theoretical Maximum Density, ASTM D -2041, CT -309 $126.00 Afiscellaneous: Sample Preparation (per hour) S 85.00 Core Drilling (per hour) $150.00 Tria ial, concrete, permeability or other special inspection testing services are individually quoted. June 27, 2014 Proposal for Construction Management & Inspection Services Project No. 14 -PW -208 TOWILL and GlS Services NORTHERN CALIFORNIA SURVEY FEE SCHEDULE Effective Janumy 1, 2014 Fee Proposal Labor Description Hourly Rate Principal Land Surveyor $195.00 Senior Project Manager / Senior Land Surveyor $168.00 Survey Project Manager $155.00 Project Surveyor $140.00 Associate Surveyor $125.00 Survey Technician (Office) $108.00 CARD Technician $ 90.00 Project Coordinator / Clerical Services $ 66.00 Field Survey Rates by Crew Composition' 3- Person Survey Crew (1 Party Chief, 1 Instrument Person, 1 Chain Person) $323.00 2- Person Survey Crew (1 Party Chief, I Chain Person) $216.50 1- Person Survey Crew (1 Party Chief) $116.50 Prevailing Wage Rates by Field Survey Personnel Classifications' Party Chief $116.50 Instrument Person $106.50 Chain Person $100.00 Apprentice $ 90.00 * Field survey personnel are billed at a minimum of 8 hours per day. SPECIAL LABOR RATES Labor Description Hourly Rate Hazmat Crew Supplement Field Survey Crew Rate plus $10.00 per Person per Hour AUTHORIZED OVERTIME LABOR RATES Labor Description Hourly Rate Saturdays and in Excess of 8 hours on Weekdays 1.5 times Regular Rate Sundays and Holidays 2.0 times Regular Rate OTHER DIRECT COSTS Client shall pay the costs, plus 10% for any applicable governmental fees, title company charges, subconsultant fees, outside vendor costs, outside vendor and in -house reproduction costs, mileage, travel costs, rental vehicles and boats, rental equipment, consumable materials, digital delivery media, and delivery or messenger services incurred on Client's behalf. June 27, 2014 Ao. R CERTIFICATE OF LIABILITY INSURANCE `—� r7/il / D 11/ IDD/YYYY) 2014 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(les) 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 Caltrop Risk and Insurance Services 9337 Milliken Ave. Lic . #OF37595 Rancho Cucamonga CA 91730 CONEACT James Bukowski PHONE (909) 931 -9331 FAC (909) 931 -0061 MAIL S: 7 tukowski@caltrop.com DDR _ INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Starr Indemnit & Liab. A:XIV 38318 INSURED CALTROP Corporation 9337 Milliken Avenue Rancho Cucamonga CA 91730 INSURER B.RSUI Indemnity Company A +: XIV - 2314 INSURERC:Starr Surplus Lines Ins. A:XV 13604_ INSURER D: INSURER E : $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX_1 OCCUR ��rv��r�•\n �. M���r1�IM•�a�J1a1Pi C1 �SGM\NY[rH,K.��rr ll7rLrr[-- Iti \Ilv r.r�r�urri -ra. 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 - I � , TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MWDD POLICY EXP MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX_1 OCCUR X Y 10000025226 0/6/2013 0/6/2014 DAMAGETO RENTEff- PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 X $10r,000 deductible X Contractual Liab. & XCU GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO LOC .IFCT Per Project Agregate $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ Excess policy X UMBRELLA LIAB X OCCUR 10H Excess of GL /EL /AL EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCESS LIAB CLAIMS - MADE _ -DED I X I RETENTION$ lo,00c Follow Form $ _ X Y NEA233887 0/6/2013 0/6/2014 WORKERS COMPENSATION WC STATU- OTH- ' AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER. EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ C Professional Liability X L 10/6/2013 10/6/2014 P $10,000,000 retro date: 3/19/1993 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: CM Agreement 14 -PW -208; Joint Trunk Sewer Main Replacement project. The City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers, as required by written agreement, are specifically named and included as additional insureds on a primary and non - contributory basis for general liability. Excess umbrella liability follows form over general liability, automobile liability and employer's liability. A waiver of subrogation applies to all policies in favor of the additional insured. 30 days notice of cancellation, except for non -pay then 10 days. v�r r lvl .n r c nvLUCr% 1.AI4I,CLLfi I.IVN (408)846 -0306 Nadia.Garcia @ci.gilroy.ca. City of Gilroy Public Works Division attn: Nadia Garcia 7351 Rosanna St Gilroy, CA 95020 ACORD 25 (2010/05) 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 James Bukowski /JIM 'i `'?n��` -' <: 01988 -2010 ACORD CORPORATION All rinhtc racarvart INS025 ontnnFl nt Tho Ar!r pn nzma nnA ll mra ranictarart mzrlrc of Arr1Rl'1 p L do L abed b00Z '-oul 'salljadojd OSI O b0 LO 01, OZ 00 'loafoid awes agl do lied e se led -!ouud e jod suollejado 6ulwjopad ui pabebue joloejluoogns jo Joloeiluoo Jagloue uegl Ja -glo uollezluebio jo uosiad Aue Aq asn popual -ui sl! of Ind uaaq sey saslje a6ewep ao lunfw agl golgnn do lno ,>liom inoA,, do uoi:pod legl 'Z ao :palaldwoo uaaq sey suollejado paJanoo agl do uolleool ay; le (s)pajnsul leuolllppe agl jo jlegaq uo jo !q pawjo}aad eq of (sjIedaa jo aoueualulew 'ao,vuas uegl Jaglo) loafoid agl uo I>ljom Bons gum uollgauuoo ul pagsluan; luaw -dinba jo slied sleuejew 6ulpnloul 'Niom II`d 'L :jal}e 6uwn000 „a6ewep lliadoid„ jo „Ajnlul /llpoq„ of Aldde lou seop eouejnsul slyl :Aldde suols -nloxe Ieuolllppe 6ulmollol agj `spainsul leuoldlppe asagl of papJo}}e eouelnsui ay} of loadsai gllM 'anoge paleu -6lsap (s)uolleool agl le (s)pajnsul leuogippe @L41 jod suollejado 6ulobuo inoA do aouewipped agl ui 'dlegaq mop( uo 6ulloe asogl do suolsslwo Jo sloe aql 'Z jo :suoisslwo jo sloe moA • 6 :/q 'lied ui jo alogm ul 'pasneo „lunful 6ulsgJanpe pue leuosaad„ ao „a6ewep /lJadoid,, ` „tinful 4I!Poq,, and A;!I!geli of loadsai gl!nn �(luo lnq 'alnpagoS agl u! unnogs (s)uollezlue6jo jo (s)uosaad aq} painsul leuoglppe ue se apnlouw 8 0l papuawe sl painsul ud sl oyM — II u0110aS, V sjaalunlon pue sluaSe 'saaAoldwa 'sleloildo palulodde ao paloala 'saaol}}o sl! `Aojl!9 do Alp aql suoi;eja O p8a8n0010 s uol ;eoo- : s uolaezlue jO JO (s)uosJad palnsul leuolllppb }O aweN 3inOEIHOS 12:!dd 3E)V83AOO All- IISVIl lVb3N3J - lVl0�J3WW00 butmollod agl japun papinoid eouejnsul sayipow luawasJopua slgl NOIJLVZINVE)NO 1:10 NOS2J3d 03-in03HOS - SNOIOVd JIN00 NO S33SS3-1 `SN3NMO - 03NnSNI -lVNOIIIGaV w in:131WO 11 GV3U 3SV31d 'A31-10d 3H1 S3JNVHO 1N3W3SbOCIN3 SIH1 b0 LO 06 OZ JO AIIIISVII �"3N3J IVIO2d3WWOO 9ZZSZOOOOOT 2�38Wf1N J.OIIOd "1 00.100025226 Dallas, TX 1 -866= 519 -2522 Primary and Non - Contributory Condition This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV — CONDITIONS, condition 4. Other Insurance is amended as follows. 1. The following is added to paragraph 4.6. of the Other Insurance condition: This insurance is.primary insurance as respects our coverage to the additional insured, where the vvrtten contract or written agreement requires that this insurance be primary and non- contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. 2. The following Is added to paragraph 4.b. of the Other Insurance condition: This insurance is excess over: Any of the otter insurance, vOwther primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY Charles H. Dangelo, President �11 Honora N1. Keane, General Counsel PC -115 (02f09) Page 1 of 1 Copyright * C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. COMMERCIAL GENERAL LIABILITY - - -- - - - -- CG 24 84 OS 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided urlder the folto*na: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. I""u9"&dwn Fww'rec LO COnzptete this Schedule if not shown above wiii be shown In the DeC(aratio The following is added to Paragraph 8. Transfer of Rlghts Of Recovery Against Others To Us of Section N — Conditions: we waive, any right of recovery we may have against the person or organization shown fn the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your, work" done under a contract with that person or organization and included in the "products - completed operations hazard'. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 i'�) Insurance Services Office, Inc., 2008 page 4ofl L� RI 0� CALTROP Risk & Insurance Services Corp. Starr Indemnity & Liability Company Policy #10000025226 Commercial General Liability October 6, 2013 - October 6, 2014 Policy Conditions Endorsement A. Notice of Cancellation 1. The first Named Insured shown in the declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium, or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to US. 4. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice.. 7. Copies of our original notice of cancellation will be forwarded immediately to all Additional Insureds under this policy by the placing broker named below. Tames Bukowski CALTROP Risk & Insurance Services CA license #OF37595 875 So. Westlake Blvd., #210 Westlake Village, CA 91361 CALTROP Corporation wmv.caltroo.com 875 S. Westlake Blvd., Suite 210 Phone: (805) 371 -7766 Westlake Village, California 91361 Fax: (805) 371 -7755 Ac=oRO® CERTIFICATE OF LIABILITY INSURANCE ­DATE i`,� 7/14 /2/DD/YYYI� 07/14/2014 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) fnust be endor=sed. 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 NAME: Marsh Program &Franchise PHONE 1. 877.320 -9393 - 365 -0895 a service of Seabury & Smith, Inc. MAIL ADDRESS: riskmana ement @marsh m.com Vendor ID: 31459 PO Box 14404 Des Moines, IA 50306.9686 INSURER AFFORDING COVERAGE NAIC # INSURERA: Old Republic Insurance Company 24147 INSURED INSURER a CALTROP CORPORATION 9337 Milliken Avenue INSURERC: Rancho Cucamonga, CA 91730 INSURER D: INSURER E: INSURER F., GENERAL AGGREGATE E COVERAGES CERTIFICATE NUMBER- RFVISION NIIMRFP- 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. 1LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY ExP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE Fl OCCUR EACH OCCURRENCE E DAMA T RENTED PREMISE& Ea occurrence E MED EXP (Any one person) f PERSONAL & ADV INJURY f GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE E POLICY ❑ jRa LOC PRODUCTS - COMP /OP AGG E E OTHER: AUTOMOBILE LIABILITY CEa aOMBccident INED SINGLE LIMIT E 1,000,000 BODILY INJURY (Per person) f X ANY AUTO A ALL AUTOS OWNED AUTOESULED X X L103757 -14 03/01/2014 03/01/2015 BODILY INJURY (Per accident). f NON -OWNED HIRED ALTOS AUTOS PROPERTY'. DAMAGE Per accident E f UMBRELLA LIAR HOCCUR EACH OCCURRENCE E AGGREGATE f EXCESS LIAB CLAIMS -MADE DED RETENTION E $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STAT LITE I ER E.L. EACH ACCIDENT f ANY PROPRIETOR/PARTNER/EXECUTIV E OFFICERIMEMBER EXCLUDED? ❑'N /A E.L. DISEASE - EA EMPLOYE f .(Mandatory in NM If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE• POLICY.LINIIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more spatula required) GPBR: 2FL4 Policy provides protection for any & all operationsljobs performed by the named insured where required by written contract. Certificate holder is an Additional Insured where required by written contract. Waiver of Subrogation included where required by written contract. Insurance is primary and non - contributory. CM Agreement 14 -PW -208 Additional insured: The City of Gilroy, it's officers, agents and employees. City of Gilroy Public Works Division Attn: Nadia Garcia 7351 Rosanna St. 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. TENTATIVE r. `�.st--- -- 988 -2014 ACORO CORPORATION_ All rinhts raar±rvM ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Schedule Person(s) or Organization (s): City of Gilroy Public Works Division Attn: Nadia Garcia 1351 Rosanna St. Gilroy, CA 95020 The City of Gilroy, it's officers, agents and employees. 1. SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to include the person(s) or organization(s) designated in the Schedule above but only for damages: a. Which are covered by this insurance; and b. Which you have agreed to provide in a written contract. 2. The limits of insurance afforded to such person(s) or organization(s) will be: a. The minimum limits of insurance which you agreed to provide, or b. The limits of insurance of this policy whichever is less. CA 560 002 1213 Page 1 of 1 L103757 -14 CALTROP CORPORATION 03/01/2014 - 03/01/2015 A tl%/1a n CERTIFICATE OF LIABILITY INSURANCE DATE(MM %DD /YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 07/15/2014 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 Orion Risk Management Insurance Services, Inc. Ca. Lic. #OD28764 2280 Wardlow Circle, Suite 250 Corona, CA 92880 NAME: Gloria Uriarte, CISR A N E :1:949- 608 -4925 A� Ne;951.736.9478 ADDRESS: guriarte @orionrisk.com PRODUCER 00000327 CUSTOMER 10 #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED .INSURER A: Employers Ins. Co. of Wausau $ Caltrop Corporation INSURER B: 9337 Milliken Ave. INSURER C: Rancho Cucamonga, CA 91730 INSURER D: $ INSURER E: $ PERSONAL & ADV INJURY INSURER F: COVERAGES CERTIFICATE NUMBER: 14/15 WC -Not Foreign 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. LTR ILTR rypEOF1NSURANCE ADDLSUBR .INSR WVD POLICY NUMBER POI EF MM1DD /YYY POLICYEXP MM/DDnrYYY LIMITS GENERAL LIABILITY j EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F1 OCCUR RENTED PREMISES DAMAGE To RE MIS ES R D a ccurren e $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ NON -OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DEDUCTIBLE $ $ RETENTION $ AND EMPLOYERS' LIABILITY y / N WCCZ9144444402 03/14/2014 03/14/2015 X T1 RY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) E: Evidence of Insurance as respects the Joint Trunk Sewer Main Replacement Project. Waiver of Subrogation applies as respects to the Workers Compensation per the endorsement attached. City of Gilroy Public Works Division Attn: Nadia Garcia 7351 Rosanna St. 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 Jane. ACORD ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD rights reserved WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extentthat you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to beneft anyone not named in the Schedule. Not applicable In AZ, W. OR, UT, & WA. Schedule Where requved by contract or written agreement prior to loss and allowed by law. In the state of FL the premium charge is 1% of the total manual premium, subject to a minimum premium of $250 per policy. This endorsement is executed by the Employers Insurance Company of Wausau 15555 Premium $ Effective Date 03/1412014 Expiration Date 03/1412015 For attachment to Policy No. WCCZ914444024 WC 00 0313 ®1983 National Council on Compensation Insurance. Page 1 of 1 Ed. 411119x4