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Agreement - BKF Engineers - New Parking Lot for Downtown Area - Signed 2020-10-054845-6718-3385v1 LAC\04706083 -1- AGREEMENT FOR SERVICES (For design professional contracts over $5,000) This AGREEMENT made this 21 day of September, 2020 between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: BKF Engineers., having a principal place of business at 1730 N. First Street Suite 600, San Jose CA 95112. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on October 5, 2020 and will continue in effect through December 30, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A.Specific Services CONSULTANT agrees to: perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”) within the time periods described in and Exhibit “C” (“Milestone Schedule”). B.Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above- described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -2- C.Employment of Assistants CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D.Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D”. In no event however shall the total compensation paid to CONSULTANT exceed $241,396 (including contingency). 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 pro vided 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 thirt y (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 r esolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -3- ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claim made basis (including without limitation the initial policy obtained and all subsequent policies DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -4- 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. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 -5- G. PREVAILING WAGE CONTSULTANT agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTSULTANT shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain “public works” or “maintenance” projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov. No CONSULTANT or Subconsultant may be awarded an Agreement containing Public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -5- ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant’s Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.I., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -6- CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall use due professional care to comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable 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. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -7- D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -1- 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 Marcelo Cosentino, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the Services required herein. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Eric Argamaso shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.I. (“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has satisfactorily completed all of the Services, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such Services, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -2- Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. CONSULTANT’S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as “preliminary” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. B. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -3- D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. F. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. G. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.E of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. H. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -4- any cause whatsoever. I. NOTICES. Notices are to be sent as follows: CITY: Eric Argamaso City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Marcelo Cosentino BKF Engineers 1730 N. First Street, Suite 600 San Jose, CA 95112 J. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -1- EXHIBIT “B” SCOPE OF SERVICES DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 BKF’s Project Manager Marcelo Cosentino, PE, and Principal-in-Charge Natalina Bernardi, PE will be the lead for the City’s Project and have the entire company’s resources available to them. We will supervise, coordinate and monitor the design for conformance with the City standards and policies. The proposed BKF approach considers all phases of the Project from conception to completion and includes work for the development of the Plans, Specifications and Estimate (PS&E) for Eigleberry and Seventh Parking Lot. PROJECT OVERVIEW AND UNDERSTANDING The City of Gilroy (City) plans to construct a new parking lot on City-owned property to provide res- idents and guest with ample parking for the Downtown area. The parking lot is located one block from Monterey Street, and will be connected by sidewalk access on Seventh Street, Eigleberry Street, and from a newly constructed pathway located between Sixth and Seventh Streets. The site will in- clude standard parking, accessible parking, and electric vehicle charging. The site will be improved through parking lot lighting, decorative post-top light, bicycle storage, and landscaping. BKF has reviewed the Project scope included in the City’s RFP and is pleased to provide the following project approach associated with the City’s Project: TASK 1: PROJECT MANAGEMENT BKF’s Project Manager will be responsible for managing the project team, providing the resources to complete the job, monitoring and updating the Project budget and schedule, implementing a quality assurance/quality control program and communicating regularly with the City staff. During the design phase, meetings will take place to review the design and comments at the various stages of design. BKF will be available to assist the City with obtaining stakeholder consensus. BKF’s Project Manager will be responsible for ensuring that the project tasks are completed in a timely manner to the satisfaction of the City and will use the following management activities to facilitate the Project objectives: Task 1.1 Project Administration - Supervise, coordinate, and monitor the design for conformance with City and State standards and policies. BKF will establish and implement a quality control procedure for design activities, perform in-house quality control reviews for each task, and submit project deliverables to the City for review in accordance with the approved schedule. Task 1.2 Project Kick-off Meeting - A Kick-Off Meeting will be scheduled with the City soon after the Notice-to- Proceed to confirm Project scope and objectives. BKF will meet with City staff to establish project expectations, discuss agency reviews and review the preliminary schedule for the Project. Task 1.3 Progress Review Meetings – Mr. Cosentino will set up and run Project Review Meetings with the City after each milestone Submittal. Agendas, action logs, updated Project schedules and meeting minutes will be prepared and distributed. Task 1.4 Project Schedule - Mr. Cosentino will prepare and update schedule for the entire project using Microsoft Project software to be submitted at each Progress Review Meeting. Task 1.5 Invoices/Progress Reports - Monthly progress reports will summarize milestones accomplished during the reporting period and discuss outstanding issues and action items. Progress reports will also identify concerns and recommendations. Task 1.6 Quality Assurance/Quality Control - BKF will implement a quality control procedure for design activities, perform in-house quality control reviews for each task, and submit Project deliverables to the City for review in accordance with the approved schedule. This scope of work will be included in Task 3 and Task 4deliverables. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 TASK 1– DELIVERABLES: » Kickoff Meeting Agenda and Minutes » Progress Review Meeting Agendas, Minutes, and Action Items » Progress Reports, Schedules and Invoices TASK 2 – PROJECT INVESTIGATIONS, STUDIES AND ALTERNATIVE DEVELOPMENT Immediately after receiving the Notice-to-Proceed, BKF will perform site investigations and review all available documentation. Also included are planning phase activities, performing field survey work, geotechnical investigations, performing technical studies, and obtaining utility and right-of- way information. With this information, the City’s concept plans can be developed into PS&E docu- ments. BKF team activities will include the following during this task: Task 2.1 - Collect Record Data, Studies, and Relevant Project Information: BKF will obtain and review available data and information necessary for design of the Project. This information may be obtained from the City, utility companies, or other organizations. BKF will compile available street as-builts, right of way record maps, title reports, utility occupation drawings, block maps, and third party utility as-built information of record to supplement the topographic base sheets and begin the utility verification process. Task 2.2 – Field Review: BKF will visit the project site with the City to document the project limits, conform areas, and verify locations of existing above-ground utilities. Existing utilities will be verified in conjunction with utility maps. BKF will compile a field notes log of the investigation. Task 2.3 – Topographic Survey: BKF will provide topographic survey services for purposes of lo- cating elements in the field that are necessary for design of the parking lot. Some of these elements will include existing limit of pavement, existing curb, gutter and sidewalk (for conform purposes), , trees, street signs, limits of driveways, manhole invert elevations, utility poles, vaults and other site features. The project will utilize an assumed, project-specific horizontal datum and utilize City of Gilroy benchmarks for the vertical coordinate system. The survey will be used to supplement a City-provided base map or an aerial photo from Google Earth. Task 2.4 – Boundary Services: Since the City intends to construct on a City-owned parcel, BKF will map the property line boundary from record information. If necessary and at the request of the City, BKF will prepare a separate scope and fee for preparation of plat and legal descriptions required for the proposed improvements. Task 2.5 – Environmental Clearance (CE): DJP&A will provide the environmental clearance docu- ments for the project. Based on the available project information, the project would likely be eligible for a Class 11 or Class 32 Categorical Exemption (CE) under CEQA. DJP&A will prepare a Notice of Exemption consistent with the requirements of CEQA. To support the CE, DJP&A will prepare the following technical studies: » Air Quality - Qualitative Construction Assessment Study » Cultural and Tribal Cultural Resources - Records search at Northwest Information Center of the California Historical Resources Information System (CHRIS) » Hazards and Hazardous Materials - Potential Hazardous Material Impacts based on record research. » Noise - Noise and Vibration Study » Transportation – Qualitative Vehicles Miles Traveled Analysis The Categorical Exemption document will include a project description, a brief description of the existing environmental conditions, and an assessment of how the project qualifies for a Categorical Exemption per CEQA Guidelines. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 Task 2.6 – Geotechnical Investigations: Cal Engineering will perform subsurface exploration of the property to provide geotechnical design data. Cal Engineering will use a truck mounted drill rig to dig borings to 15’ below grade. Laboratory tests will be performed on the borings, and the findings summarized in a draft and final geotechnical report. Cal Engineering will provide pavement section designs, foundation sizing, and earthwork recommendations. As part of the planned geotechnical subsurface exploration program, six additional shallow soil samples will be collected from the planned borings within the upper 5 feet for environmental analysis for VOCs/TPH-gasoline (EPA Method 8260), Multi-range hydrocarbons (EPA Method 8015), OC Pesticides (EPA Method SW8081A), CAM 17 Metals (EPA Method 200.8/6020), and, if required, STLC/TCLP (Methods E218.6/SW6020). The environmental test results will be used as a screening study to determine if contaminants may be present in the areas of planned construction. The laboratory test results will be included in the geotechnical investigation report. If significant hazardous materials are encountered, additional subsurface exploration and testing will likely be needed and are not included in this scope. Task 2.7 – Utility Coordination: BKF understands that we will be responsible for outreach with utili- ty companies for new services and managing any additional utility work. BKF recognizes the positive impacts of identifying existing utilities and mitigating impacts whenever possible. BKF is assuming that no third-party utilities require relocation as part of this project. However, utility investigation is an important task to identify potential utility conflicts and to provide mitigation of any impacts. This level of effort will minimize construction costs and ensure the correct placement of the proposed improvements. If BKF identifies a potential conflict, we will work with the City and the utility owner for a proper resolution. If a utility conflict is identified by BKF, we can provide a separate quote for utility potholing. This task will also include coordination the new services application with PG&E and City of Gilroy Water Department. Task 2.8 – Permits: BKF and the consultant team will prepare permit applications for the Central Coast Regional Water Quality Control Board and the Santa Clara County Valley Habitat Agency. It is assumed that all permit fees shall be a pass through cost to the City. All permits issued by the City of Gilroy shall be a no cost permit. Task 2.9 – Concept Plan Development: Prior to the Design Development phase, BKF will prepare a maximum of three (3) parking lot concepts for staff and stakeholder review. A preliminary cost estimate will be provided with each corresponding concept plan. One final design will be selected by the City for implementation at the Design Develop- ment phase. Illustrative Site Plan/Landscape Photosimulation (Optional): As an optional task, DGA can prepare an illustrative site plan or landscape photosimulation to assist in outreach to the community or City Staff. DGA would prepare 1 draft and 1 Final Submittal. Environmental Clearance (Initial Study) (Option- al): DJP&A believes that the project will qualify for a CE based on available site information. However, at the City’s discretion, an Initial Study can be prepared in lieu of a CE. This will include preparation of the Initial Study, DGA prepared a Illustrative Site Plan and Landscape Photosimulation for the ETMA Mandela Yard project. DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 preparation of a draft Mitigated Negative Declaration (MND), preparation of a draft Mitigation Monitoring and Reporting Program (MMRP), project kick-off meeting attendance, and project management and contract administration. TASK 2 – DELIVERABLES: » Topographic Survey » Property Boundary » Utility Mapping » Field Notes » CEQA Categorical Exemption » Draft/Final Geotechnical Report » SWPPP » Concept Plans (3) TASK 3 – DESIGN DEVELOPMENT After the City selects a design co ncept for implementation, BKF will confirm proposed improvements and prepare 30%, 65%, and 100% construction documents. These construction documents will con- sist of plans, technical specifications, and engineers estimate. An updated Project schedule will be included with each Design Development submittal. Task 3.1 – Construction Plans: All the major components of the design plans, technical specifica- tions and estimate will be developed to bid-ready and constructible documents. With the establish- ment and review of the improvements, design will be production-oriented for preparation of project plans. Plans to be prepared include: Cover Sheet: will be prepared to provide an overview of the project limits and an index of project sheets. Project abbreviations, legend, benchmark information and survey controls will also be in- cluded. General Notes: General notes will include City standard notes, and project notes and applicable utility notes. Demolition Plan: BKF will evaluate existing facilities impacted by the proposed improvements. The demolition plans will include existing facilities impacted by the proposed improvements, unusual/ special conditions and impacted utilities. Layout Plan: Layout Plans will be prepared showing new flatwork construction and will illustrate the limits and scope of surface improvements. Plan sheets will include basic horizontal information and identify all major construction features including areas of reconstruction and limits of conform. The plan will also identify the location of new driveways with respect to new and existing utility boxes and inlets. Right of way lines will also be shown on this plan. Construction Details: Details will be provided as necessary to guide the Contractor on special con- ditions related to project construction. BKF will show stormwater treatment details and City standard details for curb, gutter and sidewalk, drainage improvements, pavement conform, and utility adjust- ments on detail sheets. Grading and Drainage Plan and Profile: Grading and Drainage plans will be prepared showing the proposed site improvements and existing drainage system with proposed drainage modifications and additions. Existing and proposed elevations will be shown on the plan at every 50 feet and for relevant changes along the street, flow line, and sidewalk. Erosion Control Sheets: Erosion Control Sheets will be prepared showing the Best Management Practices (BMP) for the site in accordance with RWQCB and City Requirements. Striping Plan: Striping plans will be prepared for parking stall layout, accessible stalls, and necessary DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 street restriping. Electrical: Electrical plans will be prepared to show lighting elements, electric vehicle charging sta- tions and electrical services for the parking lot. A photometric analysis will be prepared to determine the site lighting levels. Landscaping: Planting and Irrigation plans will be prepared to show landscape improvements, shrub and tree plantings, irrigation fixtures and equipment. Plants and irrigation will be consist with City standards and local water use requirements. As part of this task, a Storm Water Pollution Prevention Plan (SWPPP) will be prepared for the project which will document construction and post-construction BMPs. For the 30% submittal, BKF will provide a cover sheet, layout plan and striping plan. All sheets will be provided at the 65% and 100% submittals. Task 3.2 – Technical Specifications: Project Technical Specifications will be prepared using the City standard format for all work items necessary for the construction of the project. For the 30% sub- mittal, only a table of contents will be prepared. Full Technical Specifications will be provided at the 65% and 100% submittals. Task 3.3 – Cost Estimate: The construction cost estimate will be updated to validate the current design and verify funding requirements for construction of the Project. The cost estimate will identify construction work items, quantities, unit costs, and summarize the estimated total project cost, including allowances for mobilization and contingencies. Unit prices will be determined from similar projects that were recently constructed in the nearby areas. Task 3.4 – Quality Assurance/Quality Control (QA/QC) and Peer Review: BKF will perform an in-house QA/QC review of the final construction documents submitted to the City. BKF’s quality control review will include the review of the design package and response to comments for coordi-nation among the various design elements. The different project sheets will present the design in a common manner with no contradictions or variances. A peer review will be prepared with the 100% submittal. TASK 3 – DELIVERABLES: » Project Plans, Technical Specifications and Cost Estimate, response to comments and updated Project Schedule for 30%, 65%, 100% Submittals » Project SWPPP TASK 4 – BID PACKAGE BKF will incorporate recommendations from the City on the Design Development submittals and provide a final, bid-ready construction package. This will include documents in hard copy, PDF, and digital formats. It is BKF’s understanding that the City will prepare the bid package, advertise and award the project. TASK 4 – DELIVERABLES: » Issued for Bid Plans, Specifications, and Bid List with Engineer’s Estimate TASK 5 – BIDDING SERVICES BKF will provide support to the City during the bidding process by responding to bidder questions and preparing contract addenda, if necessary and requested by the City. TASK 5 – DELIVERABLES: » Response to Bidder Questions » Contract Addenda if necessary DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 TASK 6 – CONSTRUCTION ENGINEERING SUPPORT SERVICES BKF will provide support to the City during the construction process by providing the following: » Attend internal handoff meeting, pre-construction meeting and lessons learned meeting » Review Contractor submittals » Respond to Contractor RFIs and prepare CCOs » Develop final punch list » Prepare Record Drawings DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -1- EXHIBIT “C” MILESTONE SCHEDULE DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 ID Task NameDuration Start120-RFP-PW-444130 daysWed 7/15/202Project Start-Up8 daysWed 7/15/203City Council Award1 dayWed 7/15/204Kickoff Meeting1 dayFri 7/17/205Collect Project Data, Util Maps, Prepare for Field Investigations5 daysMon 7/20/206Investigations, Studies, Alternative Development31 daysMon 7/27/207Field Review1 dayMon 7/27/208Topographic Survey2 daysTue 8/4/209R/W Record Boundary3 daysThu 8/6/2010Geotechnical Investigations/Report20 daysTue 8/11/2011Alternative Development10 daysTue 8/11/2012City Selects Preferred Alternative10 daysTue 8/25/2013Environmental Clearance50 daysTue 9/22/2014Prepare Technical Stuides and Draft CE30 daysTue 9/22/2015Review of Draft CE10 daysTue 11/3/2016Incorporate Comments and Final CE10 daysTue 11/17/2017File CE0 daysMon 11/30/2018Design Development71 daysTue 9/8/2019Utility services and coordination30 daysTue 9/8/2020Prepare 30% PS&E15 daysTue 9/8/2021Submit 30% PS&E0 daysMon 9/28/2022City Review Period15 daysTue 9/29/2023Comment Resolution meeting1 dayThu 10/22/2024Prepare 65% PS&E10 daysFri 10/23/2025Submit 65% PS&E0 daysThu 11/5/2026City Review Period15 daysFri 11/6/2027Comment Resolution meeting1 dayTue 12/1/2028Prepare 100% PS&E10 daysWed 12/2/2029Submit 100% PS&E0 daysTue 12/15/2030Bid Package and Advertise20 daysWed 12/16/2031City Review Period10 daysWed 12/16/2032Prepare Bid Package10 daysWed 12/30/2033Submit to City for Advertisement0 daysTue 1/12/2111/309/2811/512/151/121219262916233061320274111825181522296132027310Aug '20Sep '20Oct '20Nov '20Dec '20Jan '21TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressCity of GilroyEigleberry and Seventh Parking Lot 20-RFP-PW-444Page 1DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 4845-6718-3385v1 LAC\04706083 -1- EXHIBIT “D” PAYMENT SCHEDULE DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) QA/QC / Peer Review (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Hrs EST FEE $251.00 $219.00 $251.00 $209.00 $193.00 $179.00 $157.00 $137.00 $143.00 $295.00 $70.00 TASK 1 1.1 Project Administration and Communications 2 8 10 2,254.00$ 1.2 Project Kick-off Meeting 2 2 4 796.00$ 1.3 Progress Review Meetings 4 4 876.00$ 1.4 Project Schedule 4 4 876.00$ 1.5 Invoices/Progress Reports 4 4 876.00$ 1.6 Quality Assurance/Quality Control 2 4 6 1,274.00$ Subtotals 2 24 -4 -2 -----32 6,952.00$ TASK 2 2.1 Collect & Review Record Data, As-Builts, Utility Maps, and Review Relevant Project Information 2 4 6 906.00$ 2.2 Field Review 4 4 8 1,264.00$ 2.3 Topographic Survey 3 1.5 6 12 24 46.5 10,699.50$ 2.4 Right-of-Way Boundary (From Record)1 0.5 8 1 4 4 8 26.5 5,603.50$ 2.5 Environmental Clearance (See subconsultants)0 -$ 2.6 Geotechnical Investigations (See subconsultants)0 -$ 2.7 Utility Coordination 2 8 8 18 2,966.00$ 2.8 Permits 2 4 16 22 3,346.00$ 2.9 Concept Plan Development (3 alts)2 2 16 16 36 5,596.00$ Subtotals -10 2 -8 21 26 48 16 32 -163 30,381.00$ TASK 3 Design Development 3.1 30% PS&E Prepare 30% Plans 2 2 6 20 20 50 7,530.00$ Prepare 30% Technical Specifications and Front-End 2 10 12 2,228.00$ Prepare 30% Cost Estimate 8 8 16 2,352.00$ 3.2 65% PS&E Review/Resolve Comments from 30% Plans 2 2 4 796.00$ Prepare 65% Plans 2 2 8 24 30 66 9,866.00$ Prepare 65% Technical Specifications and Front-End 16 16 2,864.00$ Prepare 65% Cost Estimate 10 10 20 2,940.00$ 3.3 100% PS&E Review/Resolve Comments from 65% Plans 2 2 4 796.00$ Peer Review 2 4 6 1,274.00$ Prepare 100% Plans 2 4 20 20 46 6,754.00$ Prepare 100% Technical Specifications and Front-End 10 10 1,790.00$ Prepare 100% Cost Estimate 8 8 16 2,352.00$ Subtotals -14 -8 -58 26 90 70 --266 41,542.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY Project Management Project Investigations, Studies and Alternative Development BKF Engineers Page 1 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) QA/QC / Peer Review (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Hrs EST FEE $251.00 $219.00 $251.00 $209.00 $193.00 $179.00 $157.00 $137.00 $143.00 $295.00 $70.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY TASK 4 4.1 Prepare Bid Set Package 2 2 8 12 2,084.00$ Subtotals 2 2 ------8 --12 2,084.00$ TASK 5 5.1 Respond to Contractor Questions 2 2 438.00$ 5.2 Prepare Contract Addendum 2 4 6 930.00$ 5.3 Prepare Conform Set 2 4 6 930.00$ Subtotals -2 ---4 --8 --14 2,298.00$ TASK 6 6.1 Meetings (Internal Handoff, Pre-Con, Lessons Learned, Periodic Construction Progress Meetings)4 6 4 14 2,578.00$ 6.2 RFI Review 2 6 8 16 2,768.00$ 6.3 Submittal Review 8 10 18 3,002.00$ 6.4 CCO 2 6 8 8 24 3,620.00$ 6.5 Record Drawings 4 8 12 1,860.00$ Subtotals -8 ---24 28 8 16 --84 13,828.00$ PIC (Natalina Bernardi) PM (Marcelo Cosentino Associate (Davis Thresh) QA/QC (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Total Labor Totals By Classifications 4 60 2 12 8 109 80 146 118 32 -394 Total Direct Labor 1,004.00$13,140.00$502.00$2,508.00$1,544.00$19,511.00$12,560.00$20,002.00$16,874.00$9,440.00$-$97,085.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 David J. Powers and Assoc (Environmental)32,961.50$$32,961.50 Cal Engineering and Geology (Geotechnical)27,880.60$$27,880.60 Gates and Associates (Landscape Architecture)25,735.82$2,392.50$6,633.00$$34,761.32 AEC (Electrical Engineering)18,909.88$1,749.00$5,104.00$$25,762.88 Subtotal - Subconsultants (*includes 10% markup)$121,366.30 Reimbursables Printing, Deliver, Mileage, Postage, Parking $1,000.00 Subtotal - Reimbursables $1,000.00 PROJECT TOTAL 219,451.30$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Construction Engineering Support Services Bid Package 97,085.00$ Bidding Services BKF Engineers Page 2 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) QA/QC / Peer Review (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Hrs EST FEE $251.00 $219.00 $251.00 $209.00 $193.00 $179.00 $157.00 $137.00 $143.00 $295.00 $70.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY Optional Tasks Task 1 Task 2 Task 3 Task4 Task 5 Task 6 Illustrative Site Plan 3,861.00$$3,861.00 Landscape Photosimulation 2,717.00$$2,717.00 Environmental Clearance (Initial Study)25,273.60$$25,273.60 Subtotal - Optional Tasks $31,851.60 BKF Engineers Page 3 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Principal Associate Senior Engineer Project Engineer Staff Engineer GIS Specialist Project Asssitant Total Hrs EST FEE $240.00 $215.00 $200.00 $160.00 $145.00 $140.00 $95.00 TASK 2 2.6 Geotechnical Investigations 0 -$ Coord/Site Recon/Permitting 3 6 5 2 16 3,000.00$ Field Investigation 1 3 13 17 2,965.00$ Laboratory Testing 2 2 4 8 1,550.00$ Geotechnical Investigation Report 4 3 11 17 4 39 7,085.00$ Subtotals 10 14 11 39 -4 2 ----80 14,600.00$ Principal Associate Senior Engineer Project Engineer Staff Engineer GIS Specialist Project Asssitant Total Total Labor Totals By Classifications 10 14 11 39 -4 2 ----- Total Direct Labor 2,400.00$3,010.00$2,200.00$6,240.00$-$560.00$190.00$-$-$-$-$14,600.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 Drilling Crew/Equipment 5,051.00$$5,051.00 Laboratory Testing 5,615.00$$5,615.00 $0.00 $0.00 Subtotal - Subconsultants $10,666.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $80.00 Subtotal - Reimbursables $80.00 PROJECT TOTAL 25,346.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. 2. As part of the planned geotechnical subsurface exploration, six additional shallow soil samples will be collected from the planned borings within the upper 5 feet for environmental analysis. CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 CAL ENGINEERING AND GEOLOGY STAFF CATEGORY Project Investigations, Studies and Alternative Development 14,600.00$ BKF Engineers Page 4 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Principal Associate Principal Irrigation Designer Senior Associate Job Captain Production Arborist Total Hrs EST FEE $175.00 $155.00 $150.00 $135.00 $125.00 $110.00 $180.00 TASK 3 Design Development 3.1 30% PS&E Prepare 30% Plans 0 -$ Prepare 30% Technical Specifications and Front-End 0 -$ Prepare 30% Cost Estimate 0 -$ 3.2 65% PS&E Review/Resolve Comments from 30% Plans 2 4 16 22 3,370.00$ Prepare 65% Plans 1 12 16 34 16 79 11,055.00$ Prepare 65% Technical Specifications and Front-End 1 4 2 7 1,095.00$ Prepare 65% Cost Estimate 1 1 10 12 1,555.00$ 3.3 100% PS&E Review/Resolve Comments from 65% Plans 1 2 1 2 6 855.00$ Peer Review 0 -$ Prepare 100% Plans 4 4 1 18 27 3,325.00$ Prepare 100% Technical Specifications and Front-End 1 2 3 485.00$ Prepare 100% Cost Estimate 1 2 3 405.00$ Prepare SWPPP 0 -$ Subtotals 6 30 40 -13 54 16 ----159 22,145.00$ TASK 5 5.1 Respond to Contractor Questions 2 2 2 6 830.00$ 5.2 Prepare Contract Addendum 2 4 6 750.00$ 5.3 Prepare Conform Set 1 4 5 595.00$ Subtotals -5 2 --10 -----17 2,175.00$ TASK 6 6.1 Meetings (Plant review meeting, punch list meeting and assumes up to two phone meetings for landscaping and irrigation)8 4 12 1,840.00$ 6.2 RFI Review 6 4 4 14 2,030.00$ 6.3 Submittal Review 1 2 4 7 955.00$ 6.4 CCO 1 1 2 4 500.00$ 6.5 Record Drawings 1 2 2 5 705.00$ Subtotals -17 12 -11 2 -----42 6,030.00$ Principal Associate Principal Irrigation Designer Senior Associate Job Captain Production Arborist Total Total Labor Totals By Classifications 6 52 54 -24 66 16 ----218 Total Direct Labor 1,050.00$8,060.00$8,100.00$-$3,000.00$7,260.00$2,880.00$-$-$-$-$30,350.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 DAVID GATES AND ASSOCIATES STAFF CATEGORY Bidding Services Construction Engineering Support Services 30,350.00$ BKF Engineers Page 5 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Principal Associate Principal Irrigation Designer Senior Associate Job Captain Production Arborist Total Hrs EST FEE $175.00 $155.00 $150.00 $135.00 $125.00 $110.00 $180.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 DAVID GATES AND ASSOCIATES STAFF CATEGORY Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $1,251.20 Subtotal - Reimbursables $1,251.20 PROJECT TOTAL 31,601.20$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. 2. Decorative hardscape elements and vertical elements (such as design of kiosks) are not included in the above scope of work. BKF Engineers Page 6 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Proj Mgr Proj Engr Elec Engr Total Hrs EST FEE $170.00 $135.00 $110.00 TASK 3 Design Development 3.1 30% PS&E Prepare 30% Plans 0 -$ Prepare 30% Technical Specifications and Front-End 0 -$ Prepare 30% Cost Estimate 0 -$ 3.2 65% PS&E Review/Resolve Comments from 30% Plans 4 4 8 1,220.00$ Prepare 65% Plans 20 28 20 68 9,380.00$ Prepare 65% Technical Specifications and Front-End 2 2 4 610.00$ Prepare 65% Cost Estimate 2 4 6 880.00$ 3.3 100% PS&E Review/Resolve Comments from 65% Plans 4 4 8 1,220.00$ Peer Review 0 -$ Prepare 100% Plans 4 8 12 1,760.00$ Prepare 100% Technical Specifications and Front-End 2 2 4 610.00$ Prepare 100% Cost Estimate 2 2 4 610.00$ Prepare SWPPP 0 -$ Subtotals 40 54 20 --------114 16,290.00$ TASK 5 5.1 Respond to Contractor Questions 2 2 4 610.00$ 5.2 Prepare Contract Addendum 2 2 4 490.00$ 5.3 Prepare Conform Set 2 2 4 490.00$ Subtotals 2 6 4 --------12 1,590.00$ TASK 6 6.1 Meetings (Internal Handoff, Pre-Con, Lessons Learned)0 -$ 6.2 RFI Review 4 6 10 1,490.00$ 6.3 Submittal Review 4 4 8 1,220.00$ 6.4 CCO 4 4 2 10 1,440.00$ 6.5 Record Drawings 2 2 4 490.00$ Subtotals 12 16 4 --------32 4,640.00$ Proj Mgr Proj Engr Elec Engr Total Total Labor Totals By Classifications 54 76 28 --------158 Total Direct Labor 9,180.00$10,260.00$3,080.00$-$-$-$-$-$-$-$-$22,520.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 ALLIANCE ENGINEERING CONSULTANTS STAFF CATEGORY Bidding Services Construction Engineering Support Services 22,520.00$ BKF Engineers Page 7 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Proj Mgr Proj Engr Elec Engr Total Hrs EST FEE $170.00 $135.00 $110.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 ALLIANCE ENGINEERING CONSULTANTS STAFF CATEGORY Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $900.80 Subtotal - Reimbursables $900.80 PROJECT TOTAL 23,420.80$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. BKF Engineers Page 8 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Researcher Graphic Artist Total Hrs EST FEE $300.00 $275.00 $240.00 $215.00 $190.00 $160.00 $130.00 $115.00 $120.00 TASK 2 2.5 Environmental Clearance (See subconsultants)9 21 58 8 96 14,095.00$ Subtotals -9 --21 --58 8 --96 14,095.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Researcher Graphic Artist Total Total Labor Totals By Classifications -9 --21 --58 8 --- Total Direct Labor -$2,475.00$-$-$3,990.00$-$-$6,670.00$960.00$-$-$14,095.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 Hexagon (VMT Analysis)2,875.00$$2,875.00 Holman and Associates (Arch)3,450.00$$3,450.00 Illingworth and Rodkin (Noise/Vibration)7,475.00$$7,475.00 Illingworth and Rodkin (Construction Asssessment)2,070.00$$2,070.00 Subtotal - Subconsultants (*includes 15% markup)$15,870.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $0.00 Subtotal - Reimbursables $0.00 PROJECT TOTAL 29,965.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY Project Investigations, Studies and Alternative Development 14,095.00$ DAVID J. POWERS AND ASSOCIATES BKF Engineers Page 9 of 12 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Snr Principal Snr Assoc Total Hrs EST FEE $285.00 $230.00 TASK 2 2.5 Hexagon (VMT Analysis)3 7 10 2,465.00$ Subtotals 3 7 ---------10 2,465.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Total Total Labor Totals By Classifications 3 7 ---------- Total Direct Labor 855.00$1,610.00$-$-$-$-$-$-$-$-$-$2,465.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 $0.00 $0.00 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $35.00 Subtotal - Subconsultants $35.00 PROJECT TOTAL 2,500.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Project Investigations, Studies and Alternative Development 2,465.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 HEXAGON TRANSPORTATION CONSULTANTS STAFF CATEGORY BKF Engineers Page 10 of 2 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Supervisor Admin Graphics Total Hrs EST FEE $150.00 $100.00 $100.00 TASK 2 2.5 Holman and Associates (Arch)1.5 25 1 27.5 2,825.00$ Subtotals 2 25 1 ------28 2,825.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Total Total Labor Totals By Classifications 2 25 1 --------- Total Direct Labor 225.00$2,500.00$100.00$-$-$-$-$-$-$-$-$2,825.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 CHRIS Record Search Fee 175.00$$175.00 $0.00 $0.00 $0.00 Subtotal - Subconsultants $175.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $0.00 Subtotal - Subconsultants $0.00 PROJECT TOTAL 3,000.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Project Investigations, Studies and Alternative Development 2,825.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 HOLMAN & ASSOCIATES STAFF CATEGORY BKF Engineers Page 11 of 2 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 8/3/2020 Revision 1 Updated July 17th, 2020 TASK SCOPE DESCRIPTION Principal Consultant Consultant Staff Consultant Total Hrs EST FEE $230.00 $155.00 $180.00 TASK 2 2.5 Illingworth & Rodkin (Noise/Vibration)2.5 38 40.5 6,465.00$ Illingworth & Rodkin (Air Quality Assessment)1.5 8 1,785.00$ Subtotals 4 38 8 ------41 8,250.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Total Total Labor Totals By Classifications 4 38 8 --------- Total Direct Labor 920.00$5,890.00$1,440.00$-$-$-$-$-$-$-$-$8,250.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 $0.00 $0.00 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking 50 $50.00 Subtotal - Subconsultants $50.00 PROJECT TOTAL 8,300.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Project Investigations, Studies and Alternative Development 8,250.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 ILLINGWORTH & RODKIN STAFF CATEGORY BKF Engineers Page 12 of 2 Fee Form_Compiled_Rev_2.xls DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/1/2020 Dealey,Renton &Associates P.O.Box 12675 Oakland CA 94604-2675 Nancy Ferrick 510-465-3090 nferrick@dealeyrenton.com XL Speciality Insurance Company 37885 BKFENGINE Travelers Property Casualty Company of America 25674BKFEngineers 255 Shoreline Drive,Suite 200 Redwood City CA 94065-1428 The Travelers Indemnity Company of Connecticut 25682 354819778 B X 1,000,000 X 1,000,000 10,000 X Cross Liability 1,000,000 2,000,000 X Y Y 6808J585363 9/1/2020 9/1/2021 2,000,000 C 1,000,000 X X X Y Y BA8J591007 9/1/2020 9/1/2021 B X X 5,000,000YCUP8J5950069/1/2020Y 9/1/2021 5,000,000 B X N Y UB7N703435 9/1/2020 9/1/2021 1,000,000 1,000,000 1,000,000 A Professional Liability DPR9965649 9/1/2020 9/1/2021 $5,000,000 $7,000,000 per Claim Annual Aggregate Re:Eigleberry and Seventh Parking Lot -20-RFP-PW-444.City of Gilroy,its officers,officials and employees are named as Additional Insured for General and Auto Liability as required per written contract or agreement.Insurance is primary per policy form.A Waiver of Subrogation applies to General Liability and Workers'Compensation.30 Days Notice of Cancellation.The Professional Liability policy is Claims-Made.Professional Liability Retroactive Date:01/01/1916. 30 Days Notice of Cancellation. 30 Days Notice of Cancellation City of Gilroy,its officers, officials and employees 7351 Rosanna Street Gilroy,CA 95020 DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 POLICY NUMBER COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS,LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s)or Organization(s): Location of Covered Operations: (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) A.Section II Who Is An Insured is amended to in-This insurance does not apply to "bodily injury"or clude as an additional insured the person(s)or "property damage"occurring,or “personal injury” organization(s)shown in the Schedule,but only or “advertising injury”arising out of an offense with respect to liability for "bodily injury","property committed,after: damage","personal injury”or “advertising injury"1.All work,including materials,parts or equip- caused,in whole or in part,by:ment furnished in connection with such work, 1.Your acts or omissions;or on the project (other than service,mainte- nance or repairs)to be performed by or on2.The acts or omissions of those acting on your behalf of the additional insured(s)at the loca-behalf;tion of the covered operations has been com- in the performance of your ongoing operations for pleted;or the additional insured(s)at the location(s)desig-2.That portion of "your work"out of which thenatedabove. injury or damage arises has been put to its in- B.With respect to the insurance afforded to these tended use by any person or organization additional insureds,the following additional exclu-other than another contractor or subcontrac- sions apply:tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St.Paul Travelers Companies,Inc.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 6808J585363 9/1/2020 City of Gilroy, its officers, officials and employees Re: Eigleberry and Seventh Parking Lot - 20-RFP-PW-444 DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò   Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑÐ®±°»®¬·»ô×²½òôîððì Ð¿¹»ï±ºï 9/1/20206808J585363 City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy,, CA 95020 Re: Eigleberry and Seventh Parking Lot - 20-RFP-PW-444 DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 6808J585363 09/01/2020 City of Gilroy, its officers, officials and employees DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò Éß×ÊÛÎÑÚÌÎßÒÍÚÛÎÑÚÎ×ÙØÌÍÑÚÎÛÝÑÊÛÎÇ ßÙß×ÒÍÌÑÌØÛÎÍÌÑËÍ Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ   ø×º²±»²¬®§¿°°»¿®¿¾±ª»ô·²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·»²¼±®»³»²¬©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±² ¿¿°°´·½¿¾´»¬±¬¸·»²¼±®»³»²¬ò÷ Ì¸» ÌÎßÒÍÚÛÎ ÑÚ Î×ÙØÌÍ ÑÚ ÎÛÝÑÊÛÎÇ ¼¿³¿¹»¿®··²¹±«¬±º§±«®±²¹±·²¹±°»®¿¬·±²±® ßÙß×ÒÍÌ ÑÌØÛÎÍ ÌÑ ËÍ Ý±²¼·¬·±² øÍ»½¬·±² ×Êó þ§±«®©±®µþ¼±²»«²¼»®¿½±²¬®¿½¬©·¬¸¬¸¿¬°»®±² ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇ ÝÑÒÜ×Ì×ÑÒÍ÷ ±® ±®¹¿²·¦¿¬·±² ¿²¼ ·²½´«¼»¼ ·² ¬¸» þ°®±¼«½¬ó ·¿³»²¼»¼¾§¬¸»¿¼¼·¬·±²±º¬¸»º±´´±©·²¹æ ½±³°´»¬»¼±°»®¿¬·±²¸¿¦¿®¼òþÌ¸·©¿·ª»®¿°°´·» ±²´§¬± ¬¸»°»®±² ±®±®¹¿²·¦¿¬·±² ¸±©² ·² ¬¸»É»©¿·ª»¿²§®·¹¸¬±º®»½±ª»®§©»³¿§¸¿ª»¿¹¿·²¬Í½¸»¼«´»¿¾±ª»ò¬¸»°»®±²±®±®¹¿²·¦¿¬·±²¸±©²·²¬¸»Í½¸»¼«´» ¿¾±ª»¾»½¿«»±º°¿§³»²¬©»³¿µ»º±®·²¶«®§±® Ý±°§®·¹¸¬ô×²«®¿²½»Í»®ª·½»Ñºº·½»ô×²½òôïççî Ð¿¹»ï±ºï 9/1/20206808J585363 City of Gilroy, its officers, officials and employees DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 POLICY NUMBER: BA8J591007 DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB7N03435 Travelers Property Casualty Company of America 09/01/2020 DocuSign Envelope ID: 1216534A-04EA-454C-BCB1-BAEAECCCC496