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MNS Engineers - 2014 AgreementAGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this October day of 12, 2014, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: MNS Engineers, having a principal place of business at 1038 Leigh Avenue San Jose, CA 95126. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 10/10/2014 and will continue in effect through 10/09/2017 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreemer,�t shill terminate this Agreement regardless of any other provision stated herein. Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4835 - 2267 -0361v1 LAC104706083 -1- C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed 152,460.00. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4835- 2267 -03610 _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 reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835 - 2267- 0361v1 -3- LAC104706083 including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis. must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E., Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. 4835 - 2267- 0361v1 -4- LAC104706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 4835- 2267 -0361v1 LAC104706083 -5- may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is' not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no fiirther expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 4835 - 2267 -0361 v1 -6- LAC104706083 C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835 - 2267 -03610 _7_ LAD04706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. Social Security or Taxpayeer �� Identification Number 44. CVT 4835 - 2267 -03610 _g_ LAC104706083 CITY: C GILROY By: Name: homas J. Haglund Title: City Administrator Approved as to Form City Attorney) (� n 4835- 2267.0361v1 _9_ LAQ04706083 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 Willy R Nowo=. PMP, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, David Stubchaer shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835- 2267 -03610 -1- LA004706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267-0361 v1 -2- LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an. agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835 - 2267 -03610 _3 _ LAM04706083 H. NOTICES. Notices are to be sent as follows: CITY: Rick Smelser City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: MNS Engineers, Inc. James A. Salvito 1038 Leigh Avenue San Jose, CA 95126 FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 2267 -0361v1 -4- LAC104706083 EXHIBIT "B" SCOPE OF SERVICES 4835 - 2267 -0361v1 _ 1 LAC104706083 ENGINEERS INC September 15, 2014 City of Gilroy, California 7351 Rosanna Street Gilroy, CA 95020 Attention: Jay Yu, Engineer 1, and Inga Alonzo, Purchasing Coordinator 811 El Capitan way, Suite 130 San Luis Obispo, CA 93401 Ph 305.787.0326 F 805.787.0437 SUBJECT: Proposal for Construction Management and Inspection Services for (1) Sixth Street Improvements, LED Trail Lighting, LED Upgrades, and Fiber Optic Repair, Project No. 15 -PW -216 (2) Eigleberry Water Service and Water Main Replacement, Project No. 15 -PW -215 Dear Mr. Yu and'Ms. Alonzo, MNS Engineers, Inc. (MNS) appreciates the opportunity to submit this Construction Management and Inspection Services proposal for Project No. 15 -PW -216 and Project No. 15 -PW -215. MNS is a full - service firm with more than 50 years of experience completing quality infrastructure consulting services to the transportation, water resources, federal, and government markets throughout California. We specialize in the core services of construction management, civil engineering, and land surveying. As a leading construction management firm, MNS has served many public agencies, including several similar on -call contracts with cities, counties, and Caltrans. For these two projects we have assembled a team of construction management and inspection personnel with extensive experience in the construction of infrastructure improvements along important traffic corridors such as Eigleberry Street and Sixth Street. MNS has visited the construction site on multiple occasions and thoroughly reviewed the plans and specifications for both projects in order to gain a full understanding of the work to be completed and the challenges to be faced by the contractor(s) in completing the work in the time allowed while working in this highly visible public corridor. MNS offers the City a depth of experience and qualifications such as: • Installation of infrastructure improvements in busy public corridors. • Coordination of multiple trade contractors performing work in public thoroughfare. • Outreach programs to provide best possible communication with public to minimize impacts of construction. • Management of separate but inter - related contracts to ensure proper coordination of efforts between contractors to prevent delay. • Contractor planning and constructability review to ensure compliance with project requirements. • Potable water line and service lateral installation, testing, and disinfection. • Waterline shutdowns to install hot taps. • Traffic control plan review and inspection. • Pavement repairs for residential neighborhoods, commercial arterials, and major highways. • WPCP /SWPPP review and inspection. • Schedule review and implementation. • Project funds administration through STIP, FHWA, and numerous other funding sources. • Many of our roadway improvement projects have included curb and gutter, sidewalks, striping, signage, drainage, irrigation and plantings, and traffic control. OD��5�� ENGINEERS INC Project Understanding Coordination of Two Contracts City of Gilroy Project No. 15 -PW -216 and Project No. 15 -PW -215 The City of Gilroy intends to contract with a single construction management team for construction management, inspection, and materials testing services of the two separate but inter- related projects: Eigleberry Water Services and Water Line and Sixth Street Improvements. This is an efficient approach since the two projects are contiguous, and interrelated and will require close coordination to ensure the water line installation at Sixth Street is scheduled in such a manner as to allow for the Sixth Street contractor to proceed efficiently and without delay or hindrance. To facilitate this interaction, MNS suggests that a joint pre - construction meeting be held with the two contractors to establish communication protocols and schedules between the two teams. MNS will organize and host this meeting along with the required individual project pre - construction meetings The Eigleberry Street Water Services and Water Line project consists of the installation of approximately 1300 If new 8" DIP water line in two separate sections: the first beginning at a hot -tap tie -in at Sixth Street, with a tie -in to an existing 8" waterline at Seventh Street. A second section of new piping is installed at a connection to the existing 8" water line at Eight Street with 'a tie -in to the existing line at Nineth Street. In addition, the project scope requires the installation of new, fire hydrants and water service laterals along Eigleberry Street between First and Ninth Streets. The Sixth Street project involves a multi - dimensional scope as the work includes concrete demolition, concrete, irrigation, landscaping, roadwork, fiber optic repair and LED light installation and repair. Generally this work is along the Sixth Street corridor between Monterrey Streets and Eigleberry Streets. A portion of the fiber optic repair work extends beyond Eigleberry Street east to Hwy 101. Both the Sixth Street and Eigleberry projects are interrelated as a portion of the water line work will require a hot -tap tie-in to existing potable water piping within the intersection of Sixth Street and Eigleberry. The scope of work for Sixth Street includes concrete curb work, etc. in this same area. MNS recognizes the potential for conflicts to arise between the two projects and the importance of thorough communication to coordinate the work appropriately in order to minimize cost and schedule impacts. The projects will be organized to ensure the Eigleberry work has priority as the City planned re- paving of this street is scheduled to start as soon as the water services /watermain project is completed. MNS plans to help organize the work to ensure Eigleberry work has priority. Key Project Elements Eigleberry St and Sixth St Intersection • Schedule Control. These two separate and distinct projects have critical path activities that are inter - related and dependent on each other in order to meet schedule requirements. A time critical construction schedule will allow for follow -on paving project to proceed as scheduled. • Project Priority. The Eigleberry project has priority due to planned paving project scheduled to follow the completion of the water main and water services work. • Public Outreach. Effective public notification will be needed to minimize impact to both pedestrians and vehicle traffic along both Eigleberry Street and Sixth Street. Careful compliance with the City's "Here We Come" citizen notification program will be required. • Traffic Control. There is extensive work to occur in public thoroughfare. Potential impact on parking for residents on Eigleberry Street from Tenth Street north. Traffic control will be critical to a successful project and will need to be in accordance to the MUTCD guidelines. A���Q3 ENGINEERS INC City of Gilroy Project No. 15 -PW -216 and Project No. 15 -PW -215 • Material Procurement. There are material delivery challenges with regard to the new lighting. The project requires a pro- active approach necessary to assure a "just in time" delivery of the new street light poles. • Utilities. There are substantial requirement for the contractor to locate underground utilities, including pot holing and hand digging. • Safety. The contractors' operations will be monitored to ensure it is being performed in a safe manner, such as covering all open excavations by 3 pm each day. Technical and Management Approach MNS has thoroughly reviewed the project plans and specifications and visited the site to ensure a full understanding of the project prior to developing its Construction Management plan for these two projects. In addition, MNS has developed a GANTT construction schedule (attached) that combines an anticipated construction sequence for each of the projects onto a single logic diagram. This is a proactive effort by MNS to determine the critical paths of each project and to identify possible problem areas before they develop. The MNS team are experienced construction experts who will proactively represent the City of Gilroy's interests by working with project stakeholders and construction contractors to anticipate key issues and prevent these from becoming problems at the earliest possible opportunity. MNS Scope of Services MNS will develop an individual project Construction Management Plan (CMP) for each of the projects. The CMP will include stakeholder identification, communication plan, risk identification and mitigation plan, and public outreach plan in coordination with City. The CMP will establish Daily Project Management protocols such as: • Daily Inspection. Inspect construction for compliance to the plans and specifications. • Utility Location and Clearances. Confirm, before excavation begins, that the contractor(s) have complied with the utility notification requirements, including notifying Underground Service Alert and obtained the required clearances before proceeding. • Identify Areas with Unknown or Suspect Utility Locations, Ensure that contractor(s) have a plan to locate these uncharted utilities using hand digging or other acceptable means. • Traffic Control. Inspect the contractor's traffic control to ensure procedures are per approved standards and immediately notify the contractor for any unsafe conditions. • Notifications. Verify pre -work postings and notifications are placed in a .timely manner. • Daily Reports. Prepare daily inspection reports and daily quantities summary. Maintain photographic record of construction. • Quantities. Measure and keep accurate tally of construction quantities placed or installed. • Materials Testing. Coordinate with the City Project Manager and materials testing firm for necessary testing. • Extra Work. Track any extra work that may be required. • Claims Management. Proactively represent the City of Gilroy's interests by working closely with the contractors to identify and mitigate project issues and concerns that, if left unattended, could result in project delays, unnecessary extra costs, and claims. In addition to the scope of work detailed above, MNS will provide the following: • Meetings. Organize and host weekly coordination meetings as well as any other meetings that may be required to ensure proper communication with the project stakeholders. MNS will coordinate such meetings with the City Project Manager. • Materials Testing. Provide and coordinate the required materials testing work. AjK�Q� ENGINEERS INC City of Gilroy Project No. 1 5 -Pw -216 and Project No. 15 -Pw -215 • Pipe Testing. Monitor, witness, and approve all pipe testing. MNS will also monitor and witness the bacteriological clearance of the potable water piping. • Record Drawings. Work with the contractors to develop a complete set of record drawings of not only the work installed but also of all other utilities uncovered during the course of this work. If desired by the City of Gilroy, MNS will provide its own survey team to identify and accurately chart, through the use of GPS technology, all underground utilities uncovered during these projects. This service has proved to be of considerable value to other municipalities since it offers information beyond the responsibility of the installing contractor. • Progress Payments. Assist the City Project Manager in review of contractor's progress payment requests and make recommendations for payment. Provide record documents to be used in the tabulation of work paid on a unit -price basis. This provides a complete audit trail for the project permanent file. • Punch -list. Prepare punch -list and inspect for completion of punch -list work items. Perform final walk through with the Project Manager and contractor. Recommend final acceptance when appropriate. Understanding Quality Expectations MNS staff has a strong commitment to providing quality services. We understand the City's expectations and commitment to quality; we understand that your success is our success. In order to consistently provide quality workmanship and products, we adhere to the following: • Maintain clear, consistent communications. • Provide daily inspection reports with photos. • Ensure that the pre- notice requirements including the "Here We Come" requirements are strictly adhered to. • Ensure compliance with work hour restrictions, in particular as they relate to the covering of open work at the end of each work day. • Ensure that proper utility clearance is obtained prior to the excavation work in any area. • Monitor daily the traffic control plan to ensure compliance with the approved submittal. • Ensure the approved schedule, WPCP /SWPPP, are properly implemented. • Monitor the contractor(s) Quality. Control program to ensure it is properly implemented and used effectively. • MNS maintains a strategic alliance with Pacific Crest Engineers Proposed Construction Management Team: Wilhelm (Willy) Nowotny, PMP, Project Construction Manager: Willy has over 32 years of construction management experience as both an Owner's representative and as a contractor. As MNS Principal Construction Manager for Northern California, Willy will be responsible for MNS efforts on the project. Willy has extensive experience in management of difficult, time critical projects in the United States and Latin America. Most recently, Willy led the program management team in the permitting, design and the construction of a new waste -water treatment system (both plant and collector system) in Peru's second largest city, Arequipa. The planning included the logistics to install over 200km of sewer system collection piping in Arequipa with a population of about 1 million residents. As a resident of San Jose, Willy will provide consistent communication to the City with regard to all project issues. He will be responsible for the development of the project CMP as well as its implementation. Willy will attend and host the all meetings with contractors. He will be, the liaison between the City of Gilroy Project Manager and the contractors. Kenneth R. Shaner, Construction Inspector: Ken has over 30 years of on -site construction management and inspection experience with a strong background in road/highway and water and sewer systems. Ken has spent over 20 years as a public works inspection, developing an expertise in a wide range of public works projects. Ken is highly skilled in project coordination between project's diverse stakeholders including the public, contractors and agencies. Ken is currently completing work at the CalTrans District 5 Prunedale Improvement Project. This project involves the realignment of over 10 miles of state highway in multiple stages as well as improvements to frontage roads and utility relocations. AR�L�O ENGINEERS INC City of Gilroy Project No. 15 -Pw -216 and Project No. 15 -Pw -215 5 Additionally, MNS will team with Pacific Crest Engineers (PCE) to provide materials and special testing for the projects. PCE is a locally owned, certified woman -owned DBE, and a Small Business with the State of California, providing full service geotechnical, special investigation and environmental engineering consulting services to both the public and private sectors of the Monterrey Bay area. MNS and PCE have teamed successfully on other projects with excellent results.Resumes for the proposed construction management team are attached. Staffing Plan Based upon the critical nature of the work, MNS will staff the project in such a manner as to ensure that experienced resources are available while monitoring the overall cost of this, effort. As such, both Willy Nowotny and Ken Shaner will participate in the pre- construction process fully to ensure that all key elements of the contract documents are emphasized and that the construction contractors are fully cognizant of the requirements and risks of the project. MNS will lead the pre- construction meetings to help make this effort successful. Due to the contiguous nature of both projects, it is anticipated that Ken Shaner, as full -time onsite inspector, can provide quality oversight without the need for a second full time inspector. Ken will be directly involved in the day -to -day operations of the work, ensuring all critical elements of the project specifications— including underground utility locations, traffic control and "Here We Come" notifications have been completed. Willy Nowotny will be available to provide additional project management and inspection oversight based on project requirements.Willy Nowotny will serve as Construction Manager. He will be directly responsible for specification compliance and issues relating to contract administration. The responsibility matrix below delineates the duties of the construction management team for these. projects. Task Description L d .r P= Primary Responsibility S= Support W 0 Verification of pay quantities and review of pay requests P S Materials testing as per specifications and in conformance with City of Gilroy Quality Assurance Plan P Attend meetjng(s) with City to discuss /review construction management issues S P General inspection of daily work & conformance with project plans & specifications P S Be aware of and have contractor correct any unsafe conditions P S Verification of any required contractor notification of construction work or road closure notifications as P S required in the specifications - -- - - - -- - - - - - - -- - - Prepare, in consultation with City, field orders and change orders on city form S P Inspection of detour and construction signing /public safety P S Collection of certificates of compliance and weight/quantity certificates P S Coordination with City departments, as applicable P S Resolution of construction issues, in consultation with City and /or contractor S P ENGINEERS INC Task Description City of Gilroy Project No. '15 -PW -216 and Project No. 15 -PW -215 6 —P= Primary Responsibility S= Support Resolution of citizen complaints related to the construction Schedule, attend, facilitate, and run pre- construction meeting, periodic construction progress meetings 0 0 = o W z S P Any other reasonable and customary construction management & inspection functions necessary to fairly, S P efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications Coordinate with the designer as necessary S P Coordinate with the City of Gilroy P P Review proposed design changes, if any S P Coordination with adjacent landowners /business owners P S Monitor compliance with environmental mitigations, if any P S Monitor —corn- pliance with storm water pollution prevention measures P S Perform pre- construction documentation of exiting site conditions and /or verify that the contractor has done S P so (as called for in specifications) Perform inspection services to monitor the contractor's work to ensure compliance with plans and P S specifications Coordinate, track, approve or reject, and process submittals and shop drawings S P Issue field memos and CCO's; Assign and track change orders S P Review change order requests and provide recommendation to the City S P Log and track contractor RFIs S P Review contractor billings, verify correctness and quantities, and provide recommendation to the City S P Conduct construction progress meetings and document meetings through minutes S P Coordinate special inspections, material testing and special testing P S Closeout activities, including notice of completion, punch list, and final payments, including preparation of P P any final change order to account of the difference between bid quantities and final quantities as needed. -$DK5�� ENGINEERS INC Project Experience City of Gilroy Project No. 15 -Pw -216 and Project No. 15 -Pw -215 Industrial Way /State Route 246 Signalization, City of Buellton Project Reference: This $200K project installed a new four -way signal at the Rose Hess, PE intersection of Industrial Way and State Route 246. In addition Director of Public Works 805.688:5177 to restri in and loop detection installation along State Route 246, the comers required modification to meet Caltrans standards for handicap access ramp standards. Construction and materials testing were performed in accordance with Caltrans methods and procedures. MNS provided engineering services including final PS &Es, oversight and coordination with City during the bid package development, and procurement of Caltrans encroachment permit. Construction management services included constructability review of project plans, coordination with PG &E on behalf of the City for service point connection, contract administration, and construction inspection. Coe Avenue Bicycle and Pedestrian Improvements, City of Seaside Project Reference: This $1.5M roadway widening project provided a new Class II Timothy OHalloran, PE bikeway and new sideway, curb and gutter along the Coe City Engineer 831:899.6825 Avenue in the City of Seaside. Construction elements included 6,500 cubic yards of excavation; 7,200 feet of curb and gutter; 1,000 feet of 24" HDPE 8' to 12' in depth; SDMH and SSMH; CMU structural retaining walls; 5,500 tons HMA mainline paving; 500 tons trench paveback; thermoplastic striping and markings; Type 1 slurry coat; removal of 30, 36" to 96" x 90' to 150' high Eucalyptus trees; and daily traffic control. Role: MNS provided construction management and inspection. Performance: Completed on time and within budget. Various Roadway and Drainage Projects, City of Goelta Project Reference: As part of an on -call construction inspection contract, MNS has Rosemarie Gaglione, PE provided construction management and inspection services to Interim Public Works Director 805.961.7569 various local roadway and drainage projects. Projects included: Las Vegas and San Pedro Creeks Culvert Repairs The City of Goleta received funding from the County of Santa Barbara to reduce fire - related flooding risk at two key locations. After brushfires occurred in the nearby foothills, the City recognized potential flooding of residential streets and homes due to the possibility of increased storm event water levels from bulked flows filled with debris from burnt vegetation.. The first culvert was located on the upstream side of San Pedro Creek culverts at Calle Real Road. Construction featured replacing the undersized existing debris fin, removing an 4DKDflQ3 ENGINEERS INC City of Gilroy Project No. 15 -PW -216 and Project No. 15 -PW -215 Various Roadway and Drainage Projects, City of Goelta existing chain link fence, removing a parapet portion of the culvert headwall, and installing a barrier rail above the headwall. The second culvert was located on the upstream side of Las Vegas Creek culverts at Stow Canyon Road. Design elements featured replacing the undersized debris fin. Challenges included modifying the existing concrete reinforcement of the creek bottom, structural doweling into existing culvert boxes, and modifying non - standard railing plans to accommodate the California Building Code requirements. Los Carneros Road /Hollister Avenue Street Improvements This roadway project improved and widened two main arterials that access UC Santa Barbara, City Hall, and commercial, industrial, and professional businesses. Construction elements included widening the existing roadways; grading; curbs, gutters, and sidewalks; drainage improvements; subgrade remediation; HMA paving; and daily traffic control. Construction occurred within the City's right of way. Fairview Avenue Widening Construction featured drainage improvements, reinforced concrete pipes, and new sidewalks, curbs and gutters. This project required coordination with the City of Goleta, City of Santa Barbara, and the Santa Barbara Metropolitan Transportation District. Sumida Gardens Roadway Construction Construction featured subgrading; grading; sewer, water, electric, and gas utility lines; storm drainage; sidewalks; and asphalt paving. Calle Real Grinding and Overlay Construction featured removing excess asphalt and repaving to facilitate overflow water conditions at San Pedro Creek. Supplemental Water Project, Nipomo Community Services District Project Reference: MNS provided construction management for this $17M Peter Sevcik, supplemental water project involving three separate District Engineer 805.929.1133 construction contracts: • Horizontal Directional Drilling (HDD) under the Santa Maria River • Blosser Road waterline • New pump station construction The project also includes upgrades to the existing well disinfection systems by converting to chlorination to avoid water quality problems at the south end of the project. A half mile 24 -inch pipeline extension is being constructed in Blosser Road to the Santa Maria River Levee, where it is bored and jacked under the levee. The pipe then transitions to a 30 -inch HDPE pipe that is installed 100 feet under the riverbed by HDD. The HDD daylights on the bluff are 120 feet above the riverbed where it connects to a 0.5 MG storage reservoir. The project is being constructed within highly sensitive environmental habitat City of Gilroy Project No. 15 -PW -216 and Project No. 15 -PW -215 ENGINEERS INC Supplemental Water Project, Nipomo Community Services District requiring extensive surveying and coordination with permitting agencies as well and the surrounding farmland owners. Project elements include the following: • Horizontal directional drilling • Waterline pipeline • Jack and bore • Pump station • Well disinfection system upgrades • Metering vault • Environmental sensitivity e Agency coordination Avenue of the Flags Revitalization and Pedestrian Improvements, City of Buellton Project Reference: This $1.9M project featured a roadway media beautification and Rose Hess pedestrian path project along Avenue of the Flags. Construction Director of Public Works involved extensive sidewalk, curb and utter; installation of 805.688.5177 g street and pedestrian lighting; irrigation and landscape features; and street overlay. The pedestrian pathway included the installation of resin paving material. This project required Caltrans permitting and coordination as a portion of the project was in the State right of way. Role: MNS provided engineering design, construction management and inspection, and overall project administration. Performance: Completed on schedule and within budget. City Street Reconstruction, City of San Luis Obispo Project Reference: This $700K project involved street improvement and pavement Wade Horton, PE reconstruction throughout the City. Construction elements Utilities Manager 805.781.7199 included surface grinding, removal and replacement of asphalt concrete, curb and gutter reconstruction, striping and pavement markers, and reconstruction of utility, drainage, and surveying monuments. This project required significant coordination with the City and the public to minimize inconvenience and ensure safety throughout the project, SWPPP compliance, and strict enforcement of state and federal labor requirements. This project was administered in accordance with the Caltrans Local Assistance Procedures Manual. Role: MNS provided construction management and inspection services. Performance: This project was completed on time and within budget. ARO�Q� ENGINEERS INC Various Street Rehabilitation Projects, City of Buellton Project Reference: MNS has supported nearly all of the City's pavement Rose Hess rehabilitation and concrete repair projects over the past 10 Director of Public Works ears, including overlays, reconstructions, ARHM sealcoats and 805.688.5177 Y g Y City of Gilroy Project No. '15 -Pw -216 and Project No. 15 -Pw -215 chip seals, Types 1 -III slurry seals, road widenings, new roadway designs, repairs to sidewalks, driveways, curbs and gutters, handicap ramps, cross gutters, and spandrels throughout the City. Projects involved coordination with Caltrans and federal and state funding administration. Role: MNS provided construction management and inspection services. Performance: Completed on time and within budget. Sample projects include: 10 • Pavement Maintenance Program: First Street grind and overlay, and Central Avenue alley reconstruction. • Pavement Maintenance Program: Industrial Way, McMurray Road, Avenue of the Flags, and Ballard Canyon. • Pavement Maintenance Program: South Avenue of the Flags. • Citywide Pavement Rehabilitation and Striping. • RDA Streetscape Improvement Project. Rancho Monte Alegre Water Treatment Facility, Carpinteria Valley Water District Project Reference: The primary goal of this project was to provide the District with Robert McDonald, greater autonomy from the South Coast Conduit, a transmission District Engineer utility that delivers Lake Cachuma water to communities along 805.684.2816 Y 9 the South Coast. Other aims included providing backup storage capacity, stabilize zone pressures to the downtown area, enabling emergency supply to customers in the event of failure of the South Coast Conduit and facilitating blending of water for water quality control. The project consisted of a new 3 MG concrete storage tank, an intertie pumping and regulation station enabling two way exchange of water with the South Coast Conduit, a building housing electrical distribution, emergency generator and disinfection booster station, a 20" diameter transmission main 10,700 feet in length, two new 12" laterals of 3,500 feet in length, and renovation of the existing pressure regulation vaults connecting the District laterals to the South Coast Conduit. Role: MNS provided engineering design, technical reports for hydraulics and recommendations for transmission main laterals, construction management and inspection, and land surveying, including design survey. On -Call Roadway and Pavement Rehabilitation, City of Oxnard Project Reference: As part-of the City's Historic Enhancement and Revitalization of Daniel Rydberg Oxnard (HERO) program, MNS provided on -call engineering Capital Projects Manager design, construction inspection, and land surveying services for 805.385.8280 9 P Y 9 several roadway and pavement rehabilitation projects. Project elements included reconstruction of roads and alleys, pavement overlay, replacement of damaged concrete, new roadway 4DKE�� ENGINEERS INC On -Call Roadway and Pavement Rehabilitation, City of Oxnard City of Gilroy Project No. 15 -PW -216 and Project No. 15 -PW -215 signage, and traffic lane configuration design. Performance: Completed on schedule and within budget. Projects included: • Cabrillo Neighborhood Resurfacing • Doris Street Resurfacing • Hemlock Street Resurfacing • J Street Resurfacing • Rose Avenue /Gonzales Road Resurfacing • Rose Park Neighborhood Resurfacing /Alley Reconstruction • Ormond Beach Resurfacing • Oxnard Boulevard Resurfacing and Water Line • Saviers Road Resurfacing • Southwinds Neighborhood Resurfacing • Via Marina Neighborhood Resurfacing • Ventura Road from Channel Islands Boulevard to Wooley Road. • Gonzales Road from Patterson Road to Oxnard Boulevard State Route 25 Safety and Operational Improvements, Council of San Benito County Governments iT Project Reference: This $12M safety and operational improvements project Mary Gilbert Transportation Plann ing Manager widened 4.9 miles of State Route 25 and modified existing access roads. Pro j ect elements included multiple staging and 831.637.7665 traffic control, roadway excavation, extensive earthwork and grading, drainage, AC paving, lighting /electrical, striping, landscaping and irrigation. In addition to extensive SWPPP measures, there were several environmentally sensitive areas within the project. The highway runs through several farms and required coordination and constant communication with the property owners so as not to disrupt their operations. Role: MNS provided construction management and inspection services for the project. Performance: Completed on schedule and within budget. Summary Ken Shaner will provide construction management and inspection services for both projects on a daily basis. The concurrent construction of Eigleberry and Sixth Street projects for the initial 25-day construction period will allow for staffing efficiencies by using a single inspector for both projects. Willy Nowotny will also be available should the project require additional construction management and inspection support. Material testing and special inspection will be provided through our subcontractor, Pacific Crest Engineers. MNS will coordinate directly with Pacific Crest Engineers to ensure required testing is organized in such a manner as to not delay the contractor's work progress. If required by the City, MNS can offer additional staff — including qualified and experienced traffic control engineers, survey teams, and inspection personnel. _($IRZ5�]Q3 ENGINEERS INC Fees and Schedule City of Gilroy Project No. 15 -PW -216 and Project No. 15 -PW -215 12 MNS proposes to provide inspection services outlined in the scope of work on a time and materials not -to- exceed basis. Rates include costs for vehicle, inspection tools, and digital cellular phone. Actual costs billed to the City will be on actual time spent, and the budget will not be exceeded without prior written approval of the City. Based upon project duration of 98 days with additional time for start-up and close out, it is estimated that the total fee to provide these services for the duration of the project will be $51,180 for Eigleberry Water Service and Water Main Replacement project and $101,280 for Sixth. Street Improvements, LED Trail Lighting, LED Upgrades, and Fiber Optic Repair project. Please keep in mind that these are estimated costs and actual costs could be higher or lower depending upon the contractor's actual operation or changes in scope and /or the length of time to complete the project. Please feel free to contact me at (805) 692 -6921 or gcheliniOmnsengineers.com with any questions about our submittal or qualifications. Sincerely, MINIS Engineers, Inc. Greg .Chelini, PE Vice President/Principal Construction Manager Attachments: 1. Construction Schedule 2. Fee Schedule for Sixth Street Improvements, LED, Trail Lighting, LED Upgrades, and Fiber Optic Repair Project 3. Fee Schedule for Eigleberry Water Service and Water Main Replacement Project 4. Wilhelm Nowotny, PMP, resume 5. Kenneth Shaner resume G �m ENGINEERS INC 2 21 Exhibit C City o; Gilroy Project No. I 3-PW-216 and Project No. I S-PW-2-15 �l _j I .-J t z e t a a 2 X z 2 z 2 2 1 2 13 ARO�Q3 E N G I N E E R S I N C City of Gilroy Project No. 15 -PW -216 and Project No. 15 -PW -215 Exhibit D CONSTRUCTION MANAGEMENT SERVICES SIXTH STREET IMPROVEMENTS, LED TRAIL LIGHTING, LED UPGRADES, AND FIBER OPTIC REPAIR CITY OF GILROY, CALIFORNINA Project Schedule I TOTAL HOURS 2014 2015 S 1,000 00 PHASE Oct Nov Dec Jam Feb Mar Apr PRE - CONSTRUCTION Pre-Constructl oni Construction Manager Willy Nowotny 16 16 S 4.880 00 Constructioni Construction Inspector Ken Shaner 16 16 S 91,52000 Closeout PRE - CONSTRUCTION SUB -TOTAL 32 0 1 1 1 1 1 32 S 4,880 00 PHASE I TOTAL HOURS HOURLY RATE TOTAL COST S 1,000 00 SUB -TOTAL 2014 2015 Role I Staff Oct Nov Dec Jam Dec Mar Apr PRE - CONSTRUCTION Construction Manager Willy Nowotny 16 16 170 00 S 2.720 00 Construction Inspector Ken Shaner 16 16 135 00 S 2,160 00 PRE - CONSTRUCTION SUB -TOTAL 32 0 1 1 1 1 1 32 S 4.880.00 CONSTRUCTION MANAGEMENT Construction Manager Willy Nowotny 32 16 16 16 80 170.00 S 13,600 00 Construction Inspector Ken Shaner 0 164 164 164 1 4921 135 001 S 66 420 00 CONSTRUCTION MANAGEMENT SUB -TOTAL 0 32 181 180 180 0 1 1 572 1 1 S 80.020 00 PROJECT CLOSEOUT Construction Manager Willy Nowotny 16 16 170 00 S 2.720 00 Con�tr,;c-ion Insoec or Ken Shaner 16 16 135.00 S 2.160 00 PROJECT CLOSEOUT SUB -TOTAL 360 360 360 32 0 32 S 4,180.10 TOTAL HOURS 32 32 540 540 540 32 0 1 636 S 19,780.00 Direct Expenses I TOTAL COST Direct Expenses 1 Pacific Crest S 1,000 00 SUB -TOTAL SUB CONSULTANTS SUB -TOTAL S 1.000.00 Sob Comsmltamts I TOTAL COST Materials Tee' ^ -. 1 Pacific Crest S 10 500 00 SUB CONSULTANTS SUB -TOTAL I S 10,500.00 11 �� City Gilroy Project No. 15 -PW -216 and Project No. 15 - PW -215 ENGINEERS I N C 15 CONSTRUCTION MANAGEMENT SERVICES EIGLEBERRY WATER SERVICE AND WATER MAIN REPLACEMENT CITY OF GILROY, CALIFORNINA Projed Schedule TOTAL COST TOTAL RODU 2014 TOTAL COST PRAM ad Nov Doc Od Pre - Construction Dec PRE - CONSTRUCTION Construction Mana er Willy Nowotny S 12.200.00 Construction 1 1 401 170.001 S 6,800.00 Construction Inspector S 34,440.00 Closeout 401 135.00 $ 3,400.00 S 4,54010 PRASE TOTAL COST TOTAL RODU eOURLY RATE TOTAL COST SUB CONSULTANTS SUB -TOTAL 2014 Role Stall Od In Dec PRE - CONSTRUCTION Construction Mana er Willy Nowotny 40 1 1 401 170.001 S 6,800.00 Construction Inspector Ken Shaner 40 401 135.00 $ 3,400.00 PRE-CONSTRUCTION SUB -TOTAL EO O 0,208.00 CONSTRUCTION MANAGEMENT Construction Mianagerl Manager Willy Nowotny 40 40 170.00 S 6,800.00 Construction Inspector I Ken Shaner 164 164 135.00 S 22,140.00 CONSTRUCTION MANAGEMENT SUB -TOTAL 0 2041 0 1 204 i 28,940.00 PROJECT CLOSEOUT Construction Managerl Manager Willy Nowotny 14 14 170.00 S 2,380.00 Construction Inspector Ken Shaner 16 16 135.00 S 2,160.00 PROJECT CLOSEOUT SOB -TOTAL 30 30 S 4,54010 TOTAL BOORS 80 204 30 314 S 45,680.00 Sd Coasahaats TOTAL COST Materials Testing Pack Crest S 5,500.00 SUB CONSULTANTS SUB -TOTAL S 5,500.0® CONSTRUCT I.ONb M ffl TAL - J S N Wilhelm NoWotny, PMP Construction Manager Certifications Mr. Nowotny is a seasoned construction professional with over 32 years of Areas of Expertise experience leading multidisciplinary teams in the successful completion of large • Construction Management complex water and wastewater projects. Wilhelm's experience includes over $3 • Construction Inspection billion in successfully completed projects throughout the United States, the • Water and Wastewater Dominican Republic and Peru. His extensive experience includes all aspects of the • Capital Project large capital project development processes from design management through Development project closeout. Wilhelm served as the construction manager of the third set of • Alternative Deliver locks of the Panama Canal. He is proficient in all alternative delivery methods Methods: Lump Sum, including lump sum, design- build, and CMAR/GMP. His success in the industry is Design - Build, CMAR/GMP centered around the strong drive to provide the customer with outstanding results, Washington University, on time and on budget. Mr. Nowotny's experience in team building includes both Years of Experience: 32 design and construction professionals. His project experience includes: Certifications Central Area Leader, Houston, TX • Project Manager As Operations Director for the central area region, Wilhelm was responsible for Professional (PMP) — coordination between the engineering and construction teams to ensure proper Project Management synthesis between design and construction operations. He also mentored the site Institute, PMI No. construction management team, provided guidance in resolving project issues, 1575372 developed and maintained a close relationship with key project stakeholders, and developed individual project critical path schedules and project management Education plans. He was responsible for all project key performance indicators, safety, • Masters of Public quality, budget, and schedule. Throughout the project, Wilhelm negotiated and Administration, the George resolved potential difficult project issues with the owner. Washington University, D.C. District 1, MWH Constructors, Inc., Tampa, FL • B.A. Political As Director of Eastern Operations, Wilhelm was responsible for the overall Science/Economics, Texas success of MWH Constructors operations in the eastern United States. Wilhelm, A &M University the construction expert for MWH Global, served on the internal risk assessment team to evaluate and mitigate risks associated with the design engineer's work for Associations the consortium constructing the expansion of the Panama Canal. • Project Management Professional, PMI Institute Greenfield Wastewater Treatment Plant and Collection System ($400M), No. 1575372 City of Arequipa, Peru • Design Build Institute of As Project Executive, Wilhelm coordinated the efforts of MWH US and MWH Peru America, Houston Chapter design teams to ensure timely delivery of project design documents for this new President $400M 1,800 LPS trickling filter wastewater treatment facility in Arequipa, Peru. He led the MWH permit team in securing design approval and permits to construct the project in 50% less time than it normally takes to get such approval. Over 40 public meetings were held as required in the permitting process. He also led the translation team tasked with translating more than 1,100 project drawings and 30,000 pages of specifications from English to Spanish. Wilhelm served as the wastewater duty expert for the Fluor EPCM team and successfully negotiated the main project construction contract based on FIDIC documents. Project early out procurement packages were also developed to ensure project fast track start, as design neared completion. Expansion of City of Tallahassee Water Recycle Facility ($168M), Tallahassee, FL Wilhelm served as Project Director. He increased budgeted gross profit from 6.5 %. to 8.5% using innovative contracting strategies and aggressive scheduling. He developed a partnership with Florida State and Florida A&M to utilize their top construction and engineering students to serve as interns on the project. At one time, the project was staffed with 7 interns. His efforts to to train and motivate - - - - -`- E N G I N E E R S [ N C Wilhelm Nowotny, PMP Construction Services Manager the project team resulted in a true safety culture that enabled the project to exceed 2 million man -hours without an OSHA recordable incident. Greenfield Membrane Wastewater Treatment ($50M), Regional Wastewater Operating Authority, Greenville, SC Wilhelm maximized shared savings by leading the project team to exceed a very aggressive completion schedule by 2 months, returning to the Owner over $2M in savings. He motivated and coached the project team into a collaborative partnership with the local contractors. This contributed to the project's success in exceeding 1 million man -hours without an OSHA recordable incident. This project was Awarded Runner up in ENR Southeast Region, Project of the Year 2012. Panama Canal Expansion Project, Construction of the Third Set of Locks Wilhelm was assigned to act as the construction liaison for the Executive Risk Committee. His duties included identification of risk elements in the design requirements of the project and the potential impacts on construction. He served as an intermediary between the MWH project design team and the three main members of the construction joint venture, Grupos Unidos por el Canal (GUPC). Expansion of Existing Water Reclamation Facility ($212M), Pima County Water Reclamation Facility Wilhelm led pre - construction efforts to include final development and negotiation of the $212M guaranteed maximum price contract. He used internal and outside resources to recruit and train a project team of 28 full time professionals. Wilhelm developed an extensive critical path schedule for use by the project team in completing the project. Biwater international, Santo Domingo, Dominican Republic (DR) As General Manager, Wilhelm was responsible for the construction operations for this British multinational water /wastewater contractor in the Dominican Republic. He developed the training program for the company's construction management team to ensure successful completion of various projects. La Romana Water Treatment Plant ($142M), Greenfield Water Treatment Plant, La Romana, DR Wilhelm assumed responsibility for this project at 20% of completion with 35% of budget and schedule exhausted. He reorganized the project team to make best use of available resources. The project completed on time and on schedule. San Francisco de Macoris Water Treatment System, Refurbishment and Enlargement of Existing Water Treatment Plant ($178M), San Francisco de Macoris, DR Wilhelm assumed responsibility for this project at 40% of completion with 70% of the budget and schedule exhausted. He completed major buyout of ductile iron pipe saving $12 million against projected cost and obtained a two month time extension from governmental authority, INAPA. The project was completed within the allotted time. ENGINEERS INC KENNETH R. SHANER Construction Inspector — MNS Engineers, Inc. Areas of Expertise • Roadway /highway • Water /stormwater • Residential development • Caltrans Years of Experience: 30+ Certifications • Certified Storm Water Inspector, NSWC • Construction Safety & Health, OSHA • Field Technician I, American Concrete Institute • Inspection Certification, Asphalt Institute • CPR/First Aid Certification, American Red Cross Education • Soils Inspection & Engineering Construction Specifications coursework, CSU Long Beach Mr. Shaner has over 30 years of experience in construction management and inspection, with a strong background in roadway /highway, water /sewer system, and utility relocation projects. He spent over 20 years as a public works inspector, developing expertise in a diverse range of public works projects including roadways, bridges, flood control improvements, and wastewater facilities. Ken is highly skilled in crew supervision and project coordination between clients, utilities, contractors, and agencies such as Caltrans. His project experience includes: Prunedale Improvement Project, Caltrans District 5 The $75M Prunedale Improvement Project spans four areas along an eight mile stretch of Highway 101 in the County of Monterey, north of Salinas, California. This project involves the realignment of over 10 miles of state highway in multiple stages as well as improvements and reconstruction of the adjacent frontage roads; eight new structures, one existing structure widening, six concrete and /or soldier pile retaining walls and sound walls, and five reinforced box culverts. Additional elements include over 1 million cy of earthwork, miles of HMA and PCC paving, numerous drainage systems, traffic control, and traffic signals. As Assistant Resident Engineer, Ken is providing field construction management and inspection for the highway and roadway related work for the project. Highway 1 Widening at Harmony, County of San Luis Obispo Ken was the Construction Inspector for this project which consisted of replacing and widening approximately 1 mile of the northbound and southbound shoulders and constructing a new left -hand turn pocket on Highway 1 near Harmony. Construction included extensive embankment fills and slope excavation, grading, multiple drainage structures, asphalt paving, traffic control, striping, erosion control, and planting. The project also included the protection of multiple ESAs. The project was within the State ROW and administered per the Caltrans methods and procedures. Route 101 Bonded Wearing Course, Caltrans District 5 Ken was the Construction Inspector for this 8 mile pavement rehabilitation project through Santa Barbara utilizing a bonded wearing course that involved full width grinding of three lanes, shoulders, and ramps; dig out and repairs at various locations; paving 8 miles with a 0.700", bonded wearing course; and high intensity thermoplastic striping; pavement markers; and nightly traffic control. The majority of the work was performed at night. Several areas required a HMA leveling course that needed to be field graded in preparation of placing the bonded wearing course to provide a smooth final riding surface. Traffic control and environmental concerns were important features to this project. Duties included coordination; daily inspection and reports; traffic control; SWPPP review; item quantities. Route 246 Pavement Rehabilitation, Caltrans District 5 Ken was the Construction Inspector for this 2.5 mile pavement rehabilitation project from Route 101 to the City of Solvang utilizing RHMA. The project involved full width grinding of the traffic lanes and shoulders; included dig out and repairs at various locations; drainage repairs and improvements at various locations; high intensity thermoplastic striping and pavement markers; traffic control; replace and upgrade traffic signal loops; SWPPP; adjustment of utility manholes and vaults to meet ADA compliance. The project required daily field grading and adjustments in order to maintain the existing flowlines and maintain ADA compliant sidewalk ramps. Duties included coordination; daily inspection; SWPPP review; calculation of item quantities; traffic control; and daily reports. JDJ ENGINEERS INC Ken Shaner Construction Inspector — MNS Engineers, Inc. Route 101 RHMA Pavement Rehabilitation, Caltrans District 5 Ken was the Construction Inspector for this 6.8 mile pavement rehabilitation project in the Gaviota area utilizing RHMA that involved full width grinding of the traffic lanes, shoulders, and ramps; included dig out and repairs at various locations; drainage repairs and improvements at various locations; high intensity thermoplastic striping and pavement markers; traffic control; SWPPP. The project required detailed temperature control due to the time of year and temperature fluctuations during the paving operation. Duties included coordination; daily inspection /reports; SWPPP review; calculation of item quantities; traffic control. Senior Public Works Inspector, II -IV, County of Ventura In this position for over 16 years, Ken was responsible for supervising a crew of inspectors for the County. The range of projects he supervised included underground sewer, water, utilities, storm drains, structures, street improvements, reservoirs, grading flood control facilities, and bridge construction for subdivisions and capital projects. • Responsible for enforcement of water and sanitation district facilities and improvements relating to subdivisions within the County of Ventura and City of Moorpark. Responsible for enforcement of Ventura County, State of California, and Caltrans standards; uniform building codes; standard specifications; and Federal and Cal -OSHA standards. • Performed plan checking and pre - construction meetings, and assisted with updating water /sewer mapping of facilities within the City/district boundaries. • Provided installation /construction inspection of water pressure reducing stations, reservoirs, sewers, water and storm drain pipelines, sewer mains and cml water mains (by video), flood control structures, lift station facilities, sewage treatment plant expansion, underground utilities, manhole construction. • Performed materials inspection and testing of concrete /asphalt aggregates and reinforced steel. Route 150 Realignment & Bridge Replacement, Caltrans A section of Route 150 required temporary realignment to maintain traffic prior to demolition of the existing bridge over San Antonio Creek. The road work included construction of precast box culverts, rip rap, grading within the stream, concrete pavement, earthwork and grading, SWPPP compliance, guard railing, drainage structures, traffic control. As Construction Inspector, Ken's duties included coordination with contractor/ public; daily inspection; SWPPP review; calculation of item quantities; and daily reports. Route 23 Improvements, Caltrans District 7 As Construction Inspector Ken was responsible for project inspection for Caltrans on this Route 23 major improvement project which included grinding, asphalt and concrete paving, cold foam in -place recycling, striping, earthwork, reinforcing fabrics, drainage improvements, SWPPP evaluation and enforcement, signal /lighting work, soil nailing, and utility relocation. His duties also included coordination with contractors, Cities, environmental and public agencies; daily reports; contract quantities; and tracking extra work. - ---- - - - - -- ENGINEERS INC ,acorn ®® CERTIFICATE OF LIABILITY INSURANCE DATE(mwDD/YYYY) 10/13/2014 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 Risk Strategies Company CONTACT NAME: Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 PHONE 949 - 242 -9240 (FAX No: -ADDRESS: S OUn risk- strate ies.com _ INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Co. of CT 25682 www.risk - strategies.com CA DOI License No. OF06675 INSURED Engineers, Inc. 201 201 N. Carle Cesar Chavez, Suite 300 Santa Barbara CA 93103 INSURER 8: Travelers Property Casualty Co. of America 25674 INSURERC: Continental Casual Company 20443 INSURER D: MED EXP (Any one person) INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 21979940 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF M POLICY EXP MM/DD LIMITS A COMMER CIAL GENERAL LIABI LITY CLAIMS -MADE ❑ OCCUR 68022171-895 6/14/2014 6/14/2015 EACH OCCURRENCE $ $1,000,000 PR MSES Ea occurrence $ $1,000,000 MED EXP (Any one person) $ $10,000 PERSONAL & ADV INJURY $ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY IZI JECOT- 7 LOC GENERAL AGGREGATE $ $2,000,000 PRODUCTS - COMP /OP AGG '$ $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BA2220L967 6114/2014 6114/2015 COMBINED SINGLE LIMIT $ $1,000,00 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per acddent $ $ B �/ UMBRELLA LIAR V OCCUR CUP6512Y975 6/14/2014 6/14/2015 EACH OCCURRENCE $ $5,000,000 AGGREGATE $ $5,000,000 EXCESS LIAS CLAIMS -MADE DED I I RETENTION $ B WORKERS COMPENSATION AND. EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ',(Myyandatory In NH) DESCRIPTI NO OrPERATIONSbelow N/A UB3240T745 6/14/2014 .6/14/2015 I/ STTU ATE ERH E.L. EACH ACCIDENT $ $1,000,000 E.L. DISEASE - EA EMPLOYE $ $1,000,000 E.L. DISEASE - POLICY 'LIMIT 1 $ $1,000,000 C Professional Liability MCH591876489 6/14/201a 6/14/2015 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space. Is required) . Projects as on file with the insured including but not limited to On -Call Services (6th Street Improvements, LED Trail Lighting, LED Upgrades, and Fiber Optic Repair - Project No. 15 -PW -216 and Eigleberry Water Service and Water Main. Replacement Project — Project No. 15-PW -216). City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insureds on the general & auto liability policies. General Liability insurance is primary and non - contributory. The above policies contain a 30-day notice provsion for non - renewal & cancellation, 10-day notice for non - payment of premium. City of Gilroy 7351 Rosanna St. Gilroy CA 95020 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4UTHORIZEDREPRESENTATIVE Mike Christian ©1988 -2014 ACORD CORPORATION. All The ACORD name and logo are registered marks of ACORD . CERT NO.: .21979940 Sherry Young 10/13/2014 2:37:33 PM (PDT) Page 1 of 6 Insured: MNS Engineers, Inc. Policy No.: 68022171_895 Effective Date: 6/14/2014 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers PROJECT /LOCATION OF COVERED OPERATIONS: On -Call Services (6th Street Improvements, LED Trail Lighting, LED Upgrades and Fiber Optic Repair - Project Wa No. 15 -PW -216; and Eigleberry Water Service and ter Main Replacement Project — Project No. 15 -PW -216). PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services ". limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or e. The limits of insurance afforded to the agreement requiring insurance" for such additional insured shall be the limits additional insured. But this insurance still is which you agreed in that "contract or excess over valid and collectible other agreement requiring insurance" to insurance, whether primary, excess, provide for that additional insured, or the contingent or on any other basis, that is CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERT NO.: 21979940 Sherry Young 10/13/2014 2:37:33 PM (PDT) Page 2 .of 6 available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section 11): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal 'injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERT NO.: 21979940 Sherry Young 10/13/2014.2:37.:33 PM (PDT) Page 3 of 6 Page 2 of 2 Insured: MNS Engineers, Inc. COMMERCIAL AUTO Policy NO. BA2220L967 Effective Date:6/14/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT Person or Organization: City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while I. WAIVER OF DEDUCTIBLE -GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: CA T4 20 0710 C 2010 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CERT NO.: 21979940 Sherry Young 10/13/2014 2:37:33 PM (PDT) Page 4 of 6 Page 1 of 3 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11- LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11- LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I- COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND OATA ELECTRONIC EQUIPMENT - INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III - PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects cover- age. Page 2 of 3 © 2010 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CERT NO.: 21979940 Sherry Young 10/13/2014 2:37:33 PM (PDT) Page 5 of 6 CAT4200710 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss ". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss'; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" of 'loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0710 © 2010 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CERT NO.: 21979960 Sherry Young 10/13/2014 2:37:33 PM (PDT) Page 6 of 6 Page 3 of 3