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HomeMy WebLinkAboutBengal Engineering - Gilroy Gardens Trail" AGREEMENT FOR SERVICES (For design professional contracts over $5,000) This AGREEMENT made this 6th day of October, 20 -Hbetween: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Bengal Engineering, having a principal place of business at 250 Big Sur Drive, Goleta, CA 931176. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on October 6, 2014 and will continue in effect through October 5, 2017 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services ") within the time periods described in and Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4845 - 6718- 3385v1 _1 LACk04706083 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 $61,899 for .the preliminary engineering _an d surveying of the Gilroy Gardens Trail project, as approved by Council on October 6, 2014.. 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 M incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4845. 6718- 3385v1 _2_ LAC104706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. . 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the 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) 4845 - 6718 - 33850 _3 _ LAC104706083 rt 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. 4845 - 6718- 3385v1 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.I., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding. the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall 4845- 6718 -33850 _5_ LAC104706083 reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall use due professional care to comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment. and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing parry will be entitled to reasonable 4845 - 6718- 3385v1 _6_ LAC104706083 attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, 'paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has- any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4845 - 6718- 3385v1 LAC104706083 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.I. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: Bengal Engineering, Inc. By: _ Name Title: < E; - - ou., /� Scott Onishuk, PE Director Social Security or Taxpayer Identification Number 20- 2027764 4845 - 6718 -33850 _g_ LAC104706083 CITY: GILROY By: Name: homas J.lund Title: City Administrator Approved as to Form City Attorney 4845 - 6718 -33850 LAM04706083 EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit `B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated .herein . by reference.) To accomplish that end, CONSULTANT agrees to assign Scott Onishuk, PE, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the Services required herein. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, David Stubchaer, PE, shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.I. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has satisfactorily completed all of the Services, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such Services, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4845 - 8718- 3385v1 LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. CONSULTANT'S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as "preliminary" or "for review only." All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. B. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the, maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with 4845 - 6718- 3385v1 _2_ LAC104706083 applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code),, drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and gral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed ,confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. F. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. G. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.E of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. 4845 - 6718- 3385v1 _3 _ LAC104706083 H. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. I. NOTICES.. Notices are to be sent as follows: CITY: Rick Smelser, City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Scott Onishuk 513 Stanley Dr Santa Barbara, CA 93105 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 4845 - 6718- 3385v1 LAC104706083 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4845.6718- 3385v1 _5_ LAC104706083 EXHIBIT "B" SCOPE OF SERVICES 4845 - 6718- 3385v1 LAM04706083 �r Y September 18, 2014 Bengal Engineering, Inc. Civil, Bridge, Hydraulics, Structural & Highway Engineers David Stubchaer, PE Operations Manager City of Gilroy - Public Works Dept. 613 Old Gilroy St. Gilroy, CA. 95020 Gilroy Gardens Trail Proposals for Engineering Services: Preliminary Engineering Dear Mr. Stubchaer, Bengal Engineering is pleased to submit this proposal to provide professional services to the City of Gilroy. Unique Opportunity to Determine Path Alignment and Bridge Location The City, working with developers planning housing for the east side of Uvas Creek along Hecker Pass, will build a multi - purpose trail near Gilroy Gardens. In order to cross Uvas Creek and provide a bicycle path connection from the new bike path on the east side of the creek to Gilroy Gardens, the City intends to build a bridge — or possibly 2 bridges. The location of the path has not yet been defined. Deliverable Bengal Engineering will perform Preliminary Engineering for the Gilroy Gardens Trail, as the first phase of this project. This Preliminary Engineering will including meeting with staff (and developers as City sees fit) review the project constraints, evaluate engineering challenges, to select the most feasible bridge location for subsequent engineering, environmental documentation, and construction. Bengal Engineering 250 Big Sur Drive Goleta, CA 93117 Phone (805) 563 -0788 Gilroy Gardens Trail Bengal's Proposal to Perform Preliminary Engineering Scope of Work Bengal's work will include: 1. Project Management Bengal will manage the project team, coordinate with the City, and keep the project on track. • Attendance to PDT meetings • Perform invoicing and manage project • Control costs and quality of products produced 2. Mapping and Surveying Bengal's team will assemble base mapping to evaluate the bridge locations based on information provided by others, including: • Aerial mapping and surface modeling (east side) • location of the existing Right -of -way:, easement, and property lines • Underground and overhead utilities 3. Conceptual Alignment Alternatives Bengal will prepare conceptual designs for each of the alignments shown in the Attachment titled "Gilroy Gardens Trail Preliminary Bridge Study, Potential Bridge Crossings ". • Field review of each alignment prior to design • A PDT meeting in Gilroy to discuss the project with the city, Gilroy Gardens, and the developers: review concept locations • Conceptual design of alignments, profiles and typical section to Gilroy Gardens 4. Meeting to Discuss Our Findings Bengal will lead a meeting to present the findings of our engineering effort, and the recommendations for the structure type to be pursued in detailed design. Page 2 Gilroy Gardens Trail Bengal's Proposal to Perform Preliminary Engineering r_tw Assumptions/ Exclusions /Approach 1. Mapping, for east side of creek including both linework and digital terrain models, will be provided by others. This information will be "ready to use" in Civil3d format. 2. We assume the linework for the property lines and the right of way lines and easements will be provided by others. 3. Bengal will provide aerial mapping shown on "Gilroy Gardens Preliminary Bridge Study, Potential Bridge Crossings ". Detail of trees and rock slope protection will not likely be visible for this concept -level mapping. 4. Bengal has provided a budget of 1 day of fill -in topo to obtain location for large trees. Because of the brush in the channel, production for surveying will be limited. 5. City will provide GIS Mapping such as underground utilities, and other items of interest, requested by Bengal. 6. Effort for aerial mapping assumes that this map will be undertaken at the same time as the Gilroy Sports Park project, using same coordinate system and same datum. 7. Trail alignments and civil engineering design on the east side of the creek by others will be provided in Civil3d format. 8. Concept review of the bridge foundations will be based on available geotechnical information, such as the Log of Test Borings for the Caltrans Hecker Pass Bridge. No geotechnical work will be undertaken in this study. 9. We assume that the field review meeting and the PDT meeting will occur the same day. 10. We assume that the PDT meetings for the Gilroy Gardens Trail Project will occur the same day as the meetings for Gilroy Sports Park Project. 11. Engineering for investigation of stream hydraulics was discussed as part of the negotiation, and is not included in our scope of work. Such work is will be undertaken in the future. Page 3 r� 4' r %� -`- � may, i` n.: r�"1.....�' �A' r�, V !< ! •, .v ""� Mapping Limits 4_ s Alt B �T *� T 4t Gilroy Gardens Preliminary Bridge Study Potential Bridge Crossings Bengal Engineering September 2014 S k Reimbursable ExpenseE BENGAL ENGINEERING TEAM: Task Summary, Resource Estimate & Fees r►?" Bengal Engineering, Inc. Gilroy Gardens Trail: Preliminary Bridge Study ' Expenses Sub Total Mail & Reprographics Bengal Engineering 172.50 Subs Central Coast Aer. Map $ 5,950 6,842.50 _ Reese Surveying = N N OPC -Right of Way $ - w LL Misc. 1 $ 0.00 Subtotal xpenses 13,915.00 C a z Y Z _ W w F o u1 W (A -j U Z 0 V3 O i Z Z w p Z W _ (j Q U S $ U W (7 T- w _ Z Z Q W Q w ° C O a Ca urn 5 m u) m TASK ITEM DESCRIPTION HRS HRS HRS HRS HRS HRS $ 1 Project Management Project Coordination 401 1 1 24 64 Monthly Updates 4 months 81 1 1 1 8 16 Sub total - Task 1 481 1 01 01 32 80 $ 8,960 2 Surveying and Mapping Coordinate with City & Hecker Pass Consultants: Obtain Base Mapping 01 1 81 B 0 16 Coordinate with Reese and Central Coast Aerial Mapping 41 1 81 81 4 24 Sub total - Task 2 41 01 161 161 4 40 $ 4,580 3 Preliminary Engineering PDT meeting in Gilroy to discuss alternatives Same Day as Gilroy Sorts Park 4 4 4 4 4 20 Conceptual Design of trail alignments, profiles for each alignment 2 Alignments) 16 32 32 16 96 ,Conceptual Design of bride 2 locations 16 24 4 24 2 70 Sub total - Task 3 36 28 40 60 22 186 $ 21,910 4 PDT Meeting: Discuss Findings Prepare and Chair PDT Meeting 2 81 4 34 0 Sub total - Task 5 2 8 �"�l 4 34 $ 4,460 Total per -group 90 36 340 $ 39,9 10 Reimbursable ExpenseE Bengal's Cost W/ 15% Markup Expenses Sub Total Mail & Reprographics $ 150 172.50 Central Coast Aer. Map $ 5,950 6,842.50 Reese Surveying $ 6,000 6,900.00 OPC -Right of Way $ - 0.00 Misc. 1 $ 0.00 Subtotal xpenses 13,915.00 $ 53,825.00 9/18/2014 Page 1 of 1 Central Coast Aerial Mapping, Inc. 710 Fiero Lane, #24 San Luis Obispo, CA 93401 (805) 543 -4307 (805) 543 -7257 FAX Bengal Engineering 250 Big Sur Drive Goleta, CA 93117 JOB ESTIMATE DATE REF NO. 911612014 PROJECT: Gilroy Gardens Trail REV PROJECT DESCRIPTION.- This project will be executed using softcopy digital stereo plotters. The mapping scale will be 1 " =20' with P CI. This job will consist of approx. 71 acres. The maps will be delivered in an AutoCAD (. dwg format. We will need 8 targets at the recommended target size of 5'x5'xP OUR ESTIMATED COMPLETION DATE FOR THIS PROJECT WILL BE APPROXIMATELY 16 WORKING DAYS AFTER CONTROL IS SUBMITTED AND FLIGHT & LAB WORK IS COMPLETE. Flight & Lab Work (Note: Flight cost when flown together with Sports Park Trail Project) 5(86 TOTAL: 1,400.00 Analytical Bridging, Stereo Compilation & Editing of Topo contour map. DTM also included. Digital Terrain Model 3,700.00 (DTM) data consist of Digital 3D Breaklines and Points, and is used for simplifying the creation of Triangular Irregular Networks (TINS) and Surface Models. Seamless Color Digital Orthophoto(s) Thank you for the opportunity to assist you with this project. L(=FIRS) LAFICA FBiD IST oNo. 1x41 Z`- ` Beatri_ Fosse, Manager TOTAL: 850.00 $5,950.00 AUTHORIZING SIGNATURE Date * By agreeing to this estimate, or initiating the project, the client acknowledges that our company will act as a subordinate to the client who must be an appropriate State Licensed Civil Engineer and or Professional Land Surveyor. This estimate is not valid after 60 days. *Estimated completion time and flight schedules and are dependent upon weather conditions. Please verify accuracy of the ground control coordinates before submitting them to us. *Our jobs comply with the national map accuacy standards except where ground is not visible, such as heavy trees with no stereo images, clear areas in between trees with no stereo images, heavy brush, heavy shadows, or blind areas behind some structures or tall buildings. We comply with map accuracy standards from American Society for Photogrammetry and Remote Sensing and American Congress on Surveying and Mapping, printed by U.S. Department of the Interior, U.S. Geological Survey National Mapping Division file report 86 -005. REESE Water _ _,.*0'& Land SURVEYING SERVICES September 17, 2014 Mr. Scott Onishuk, PE Bengal Engineering, Inc. 513 Stanley Drive Santa Barbara, CA 93105 Dear Mr. Onishuk: Subject: GILROY GARDENS AERIAL MAPPING -REV.1 1970 Partridge Drive San Luis Obispo, CA 93405 Tel/Fax: 805 - 543 -5375 Thank you for your inquiry about REESE Water & Land Surveying Services assisting with your project. After a discussion with you about your needs for this project, I offer the following proposal for land survey work. This proposal supersedes all prior proposals. TASK A - AERIAL MAPPING: CONTROL & QA /QC SURVEY For this task I will: 1) establish 8 aerial control points for aerial mapping by others; 2) provide positions of the control points to the aerial mapping company; 3) perform a QA /QC check survey to verify accuracy of the aerial survey; 4) provide a report on datums and the level of accuracy according to the American Society for Photogrammetry and Remote Sensing (ASPRS) 1989 standards. Aerial target number and location are derived from flight plan and model layout by others. Unless other datums are specified, the horizontal datum will be NAD83 2011(2010.00), the vertical datum will be NAVD88. Mapping units will be US survey foot. A connection to the Santa Clara Valley Water District (SCVWD) benchmark system will be made. Aerial control point locations will be coordinated with the aerial mapping company for the project. This task will cost 4 200. TASK B ELECTIVE - GROUND TOPOGRAPHIC SURVEYING AND MAP If and at such time as you need additional site planning information, I will perform a topographic survey and provide a map of a selected location for your use in more detailed engineering study and design. This will depict items including, but not limited to, contours, spot elevations, structures, visible surface indications of local utilities, trees, etc. The cost below is for a one -day ground survey and mapping at a location specified by you. This task is elective and may be disregarded if not necessary or scaled if more than one area is needed. This task will cost 1800. Please see the attached "Standard Project Conditions" for other items not included in above proposal or that may be outside the scope of billing or work. Mr. Scott Onishuk, PE September 17, 2014 Page 2 of 3 Thank you for the opportunity to present this proposal. If the above scope of work and the attached "Standard Project Conditions" are acceptable, please sign, date and return this letter and the attached "Standard Project Conditions" sheet at your earliest convenience. If you need to change the scope of work as outlined above or would like to discuss any part of this proposal, please do not hesitate to call. Very truly yours, Robeet j IR&Se(DIGITAL COPY - ORIGINAL SIGNED) Robert J. Reese, Calif. LS 6208 Attachment: "Standard Project Conditions" Accepted by: FA client signature date title bengal- gilroygardens -2.doc Mr. Scott Onishuk, PE September 17, 2014 Page 3 of 3 Standard Project Conditions - REESE Water & Land Surveying Services (RWLSS) Project GILROY GARDENS AERIAL MAPPING Client BENGAL ENGINEERING, INC. c/o SCOTT ONISHUK, PE A. STANDARD PROJECT CONDITIONS: • Original materials are copyright © 2014, RWLSS unless otherwise directed. • Scope of work and services are described in proposal dated September 17, 2014 • Schedule for project commencement is dependent on workload when notice to proceed is given. • Payment is due upon completion of described scope of work. • Progress billing may be submitted on a monthly basis. The outstanding balance after project completion is due upon receipt. • The following items, if incurred, that are not listed in the proposal will be billed at cost: research, graphic, reproduction or printing expenses; postage, telephony, courier or special mailing expenses; photography, prints and reprint expenses; outside fees including, but not limited to permits, application fees, recording fees, filing fees, etc. B. SPECIFIC PROJECT CONDITIONS: • This proposal is good for 30 days. • Billing will be based on ❑ fee schedule rates ® fixed fee ❑ NTE proposal • Consultation or coordination with client and /or third parties will be billed according to ® current fee schedule ® rate of $ 150.00 per hour. C. ITEMS REQUIRED TO BE PROVIDED BY THE CLIENT ® Right of entry provided hereby for performance of the survey and related activities. ® The required deposit before beginning is ❑ % ❑$ ® waived ® The following items and Information shall be provided by client at no additional cost: ❑ Title information: Title Report OR Prelim. Title Report OR Deed(s) ❑ Control data ® Other: as & if needed (The following are required per B &P Code §8759 and Admin.Code §463.5.) A written agreement regarding any a) additional services or b) substantial changes to scope or conditions will be made before performance of additional services or under changed scope or conditions. The agreement shall include changes to costs and schedule. RWLSS has a right to complete the services described and agreed upon for this project. However, this agreement may be terminated by a) written notice from either client or RWLSS prior to any expenses being incurred on client's behalf or b) payment for expenses and services rendered up to the date of receipt of client's written notice to terminate, provided said notice to terminate is agreed to by RWLSS. Disputes arising out of this agreement that remain unresolved by negotiation between client and RWLSS shall be first submitted to mediation services and secondly, if still unresolved, to binding arbitration services in accordance with American Arbitration Association® rules. Venue for mediation or arbitration shall be San Luis Obispo, California. All costs in connection with mediation or binding arbitration services shall be borne by client. Robert J. Reese is licensed by the California Board for Professional Engineers, Land Surveyors and Geologists. Robert l RedSe (ORIGINAL SIGNED) September 17, 2014 Robert J. Reese, Calif. LS 6208 date c2r, CZFI client signature date title bengal - gilroygardens -2.doc EXHIBIT "C" MILESTONE SCHEDULE 4845. 6718- 3385v1 _ 1_ LA004706083 1 0 ID Task Name ' Gilroy Gardens Trail 2 Design Contract Award 3 Project Management 4 Survey and Mapping Schedule for the Gilroy Gardens Trail BENGAL ENGINEERING. Inc. Civil, Bridge, Hydraulic, Structural, i Highway inglMws Preliminary Engineering and Surveying 5 Set control and aerial panels 6 Aerial survey flight 7 Aerial mapping complete 6 Preliminary Engineering 9 Concept Alignment Design 10 PDT Meeting - Review Alternatives 11 City Review 12 PDT Meeting - Review City Comments 13 Refine Alternatives 14 City Review 15 PDT Meeting - Review and Approve Preferred Alternate 16 Submit Preliminary Engineering GAD 17 PDT Meeting - Preliminary Engineering Findings Milestone Summary: 2015 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 1016 9/18 10/6 11/12 614 mmmmm1m Survey and Mapping 12/1 Z 12/9 12110-- Aerial,survey flight 112p Aerial mapping complete mapping complete Preliminary Engineeriig 1/�0 3116 3/17 3/23 3124 514 5/5 t,5/11 5112 6122 6/24 7/21 7122 1 7128 Aerial Survey Flight (internal milestone) - December 2015 Aerial mapping complete (internal milestone) - January 2015 PDT Meeting - Alignment Alternatives - March 2015 Submit Preliminary Engineering GAD PDT Meeting - Review and Approve Preferred Alternate - July 2015 Submit Prelimanry GAD - August 2015 9114 TI 9/18 EXHIBIT "D" PAYMENT SCHEDULE 4845 - 6718- 3385v1 _1 _ LAC104706083 The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis. Exhibit B identifies "Scope of Services" and wage rates of this Agreement. The maximum total compensation to be paid to Consultant under this Agreement is Sixty One Thousand, Eight Hundred Ninety Nine Dollars ($61,899) ( "Contract Sum "). A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 10/15/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tina Jackson PHON E 8059662500 FAX No: 8055635328 Tina Jackson Insurance Services, Inc 3834 Pemm PI ADDRESS: tina @tina•acksonins.com INSURERS AFFORDING COVERAGE NAIC # Santa Barbara, CA 93110 INSURERA: Mesa Underwriters Insurance Company 08/06/2015 EACH OCCURRENCE INSURED INSURER B: U.S. Specialty Insurance Company CLAIMS-MADE OCCUR Bengal Engineering, Inc INSURER C INSURER D 250 Big Sur Drive Santa Barbara CA 93117 INSURER E: $ 300,000 INSURER F MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER. REVISION- NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AD L 11= UBR Im POLICY NUMBER POLICY EFF MMIDD POLICY EXP" MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y MP0004008004808 08/06/2014 08/06/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR RENTED PREMI SES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- ❑ JECT LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINdED SINGLE IT $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraecident $ HIRED AUTOS NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LWB CLAIMS -MADE DIED RETENTION $ $ i WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A PTRTUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liability USS1425818 09/17/1409/17/15 $1,000,000 Per Claim Retroactive 9/17/97 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Gilroy, its officers and employees are listed as Additional Insured in respects to general liability. H City of Gilroy SHOULD.ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: David Stubchaer THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7351 Rosanna Street ACCORDANCE WITH THE POLICY PROVISIONS. Gilroy, CA 95020 i AUTHORIZED REPRESENTATIVE lj ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD reserved. BENGENG -01 SNBR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 2/13/2015 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 (805) 965 -0071 Brown & Brown Insurance License # OD04053 P.O. Box 61010 Santa Barbara, CA 93160 NAME T Susana DeRobles PHONE. O E . g05 690 -2634 A No : 805 690 -2734 E-MAIL ADDRESS sderobles bbofcal.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:State Compensation Insurance Fund INSURED Bengal Engineering, Inc. 250 Big Sur Drive Goleta, CA 93117 INSURER B: INSURER C : EACH OCCURRENCE INSURER D : PREMISES Ea occurrence INSURER E: MED EXP (Any one person) INSURER F :. PERSONAL & ADV INJURY CAVFRAGFS CERTIFICATE NUMBER: REVISION, NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILA TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BR POLICY NUMBER P LICY EFF MMJDDIYYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS SINGLE LIMIT COMBINED Ea accident E $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEC) I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y�, OFFICERIMEMBER EXCLUDED? (Mandatory In NH) M S6 describe under DESCRIPTION OF OPERATIONS below NIA 185888514 5115/2014 5115/2015 X WC STAMR ER E.L. EACH. ACCIDENT $ 1,000,00 E.L,DISEASE -EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMB $ 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addidonal Remarks Schedule, if more space Is required) Re: Projects Include Eigleberry Street Resurfacing, Gardens Trail, Sprts Park Trail, Alley Assessment and Cohansey Bridge. Proof of Insurance. CFRTIFICATF HnLDFR CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7351 Rosanna Street ACCORDANCE WITH THE POLICY PROVISIONS. Gilroy, CA 95020- , AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP0004008004808 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED v OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location(s) Of Covered Operations City of Gilroy, its officers, elected and appointed All operations of the named Insured. • employees, and agents. 7351 Rosanna St. Gilroy, CA 95020 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operation's for the additional insured(s) at the location(s) designated above. However. 1. The insurance afforded to such additional insured only applies to -the extent permitted by taw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 INSURED C. With respect to the insurance afforded to these 2. Available. under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section 111 — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 2 of 2 ACCOR °® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 02/12/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Tina Jackson Insurance Services, Inc NANME Tina Jackson PHON E 8059662500 ACC No): 8055635328 E-MAIL SS: tina @tinajacksonins.com 3834 Pemm PI INSURERS AFFORDING COVERAGE NAIC # Santa Barbara, CA 93110 INSURERA: Mesa Underwriters Insurance Company 08/06/201408/06/2015 INSURED INSURER B: U.S. Specialty Insurance Company Bengal Engineering, Inc INSURER C: Hanover Insurance Group INSURER D : 250 Big Sur Drive Santa Barbara CA 93117 INSURER E: $ 300,000 INSURER F MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 'POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R LTR' LT TYPE OF INSURANCE D S BR POLICY NUMBER POLICY EFF MMm DnYYV LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y MP0004008004808 08/06/201408/06/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FX OCCUR PR MISES a RENTED occunrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JECT FI LOC PRODUCTS - COMPIOPAGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY AW3A50250500 12/12/14 12/12/15 COMBINED SINGLE LIMIT Ea accident)_ $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTO AUTOS X H REDSAUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER(MEMBER EXCLUDED? NIA ER ST TUTE I I ER E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE, $ tf yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ B Professional Liability USS1425818 09/17/1409/17/15 $1,000,000 Per Claim Retroactive 9/17/97 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Gilroy, its officers and employees are listed as Additional Insured in respects to general liability. Resurfacing Eigleberry Street, Gardens Trail, Sports Park Trail, Alley Assessment, Cohansey Bridge Design City of Gilroy Attn: David Stubchaer 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n 1988 -2014 ACORD CORPORATION- All riahts reserved ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD