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Bengal Engineering - Senior Center Courtyard Improvment
AGREEMENT FOR SERVICES (For design professional contracts over $5,000) This AGREEMENT made this 18th day of March, 2015between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Bengal Engineering, eering Inc., having a principal place of business at 250 Big Sur Drive. Goleta. CA 93117. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on March 18, 2015 and will continue in effect through March 18, 2016 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 LAM04706083 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 $11,650. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4845- 6718- 3385v1 _2_ LAC104706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses; including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the 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- 3385v1 _3_ LAM04706083 with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • 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 -33850 _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: 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 4845- 6718- 3385v1 _5 LACN706083 reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall use due professional care to comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable 4845- 6718- 3385v1 _6_ LAM04706083 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 _ 7_ 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: Ben -al Engineering, Inc. By: Name: Scott Onishuk, PE Title: Director Social Security or Taxpayer Identification Number 20- 2027764 CITY: ':7 P OF GILROY By: Name: Thomas J. Haglund Title: City Administrator 4845- 6718- 3385v1 -g- LAC104706083 Approved as to Form City Attorney 4845- 6718- 3385v1 LAM4706083 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, Maria Angeles. 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 - 6718- 3385v1 LACk04706083 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. I rNHbw]W1IMM93 to] :485 FROM: ii 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_ LAM04706083 applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. F. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. G. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.E of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. 4845 - 6718- 3385v1 _3 _ LAC104706083 H. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 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 Bengal Engineering, Inc. 250 Bia Sur Drive Goleta, CA 93117 FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or 4845- 6718- 3385v1 _4_ LAM04706083 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4845 - 6718- 3385v1 _5_ LAM04706083 EXHIBIT "B" SCOPE OF SERVICES 4845- 6718- 3385v1 LAM04706083 January 20, 2015 Bengal Engineering, Inc. Civil, Bridge, Hydraulics, Structural & Highway Engineers Ms. Maria Angeles, P.E., CFM City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 RE: Gilroy Senior Center — Courtyard Improvements Project Dear Ms. Angeles, Bengal Engineering is pleased to submit this proposal to provide civil engineering services in accordance with your request. Scope of Work: Task 1: Project Administration: • Project phone conferences Task 2: Topographic Survey: • Field survey for the design of the courtyard improvements • Field survey of the existing ramps leading to the main entrance for future use by City (No design is included). Task 3: Courtyard Improvements: Bengal Engineering will develop the Civil Engineering plans for the exterior courtyard improvements for the Gilroy Senior Center based on attachment A. The civil engineering will include concrete replacement, new wall layout, and drainage improvements. Our team will prepare two submittals of plans and estimate (P &E) at 35% P &E and Final P &E. Bengal Engineering Phone: (805) 563 -0788 website: www.bengalengineering.com 250 Big Sur Drive email: scott @bengalengineering.com Goleta, CA 93117 Bengal Engineering's Proposal for Civil Engineering Gilroy Senior Center —Courtyard Improvements Project Gilroy, CA P2 Work Includes: a. Courtyard Improvement Plans — Redesigning the courtyard (grading and concrete flatwork), and drainage improvements. b. Limited Construction Support: "Field- Fitting " - and interaction with contractor field -fit the conditions encountered. Fee Bengal has prepared the attached fee estimate based upon our approach and understanding of the project. Fee services will be billed monthly based on a time and materials (T &M) basis with a not to exceed fee per task item as shown. Bengal will submit monthly invoices for our work; invoices are due in 60 days. Bengal Engineering Phone: (805) 563 -0788 website: www.bengalengineering.com 250 Big Sur Drive email: scott @bengalengineering.com Goleta, CA 93117 Bengal Engineering's Proposal for Civil Engineering Gilroy Senior Center — Courtyard Improvements Project Gilroy, CA ASSUMPTIONS & EXCLUSIONS 1. We assume the City will perform the environmental documentation for the project. 2. There will be no environmental constraints on the project preventing standard construction practices. We have not made allowances for construction practices to accommodate environmental concerns. 3. The project will proceed uninterrupted. 4. Bengal Engineering's work is limited to concrete flatwork and drainage. No investigation or evaluation of handrails, door openers, lighting, signage, and other site facilities is included. 5. Evaluation of the existing access ramps is excluded; our work is for courtyard improvements only. 6. The City will submit and coordinate internal reviews (Planning Department, Building and Safety Department, etc.). 7. Effort for meetings is a budget figure to minimize project cost. 8. Estimate for reproductions (copies) is a budget figure. 9. No Traffic Handling /Construction Area Signs plans are proposed as part of our work. 10. Design of retaining walls is not included. Because the planter wall type (CMU, Wood, etc.) is unknown the new site wall connecting to the existing planter will match existing wall type, as determined in the field during construction. 11. Stormwater water quality improvements are excluded. We assume the size and scope of the project will be exempted these requirements. 12. Effort for Storm Water Pollution Prevention Plan, should they be required, is by others 13. We assume all permit and plan check fees are paid by the City. 14. Investigation and design of utilities is not included. We understand that there are no utility conflicts preventing the construction of the improvements as discussed. 15. We assume the courtyard and all access points can be closed entirely for construction. No effort is included for temporary access. 16. We assume the parking lot striping will remain unchanged. 17. Drainage improvements will penetrate retaining wall south and sheet flow across parking lots. 18. We assume the foundations and support of the shade structure will be designed by others, and are compatible with this concept. City to provide details for our use at the start of the work. 19. City to provide size of tree well and approximate location at the start of design. 20. Effort includes line work for irrigation sleeve. City to provide location of sleeve, water meter, and tree well at the start of the work. 21. Effort for relocating "soda machine" and other features in the courtyard is by others. 22. Effort for Construction Support, Field- fitting is a limited budget amount Bengal Engineering Phone: (805) 563 -0788 website: www.bengalengineering.com 250 Big Sur Drive email: scott @bengalengineering.com Goleta, CA 93117 Bengal Engineering's Proposal for Civil Engineering Gilroy Senior Center — Courtyard Improvements Project Gilroy, CA Timeline We are ready to start work. Thank you for contacting Bengal Engineering. We look forward to your response. Sincerely, S. &.- Scott Onishuk, PE Project Manager Attachment: PROJECT FEE ESTIMATE Bengal Engineering Phone: (805) 563 -0788 website: www.bengalengineering.com 250 Big Sur Drive email: scoff @bengalengineering.com Goleta, CA 93117 Bengal Engineering's Proposal for Civil Engineering Gilroy Senior Center — Courtyard Improvements Project Gilroy, CA ATTACHMENT A a)IJOM �rrw vG sre�r°i: A°O vµ wars r reusi�EZ•-i s der- z y.e.�rY nE.r c� cer� KGtt.rw+P1.�i r � t r M DLO VVm 7O.•/ow aoe e.oc® rW r>erttY r�IrA"N4' � P YN7G4 Wifi. wYK. FIFTNLL. �Llr -i rASG fp �GbE4 r'ROPr CA N2 DES W �+3 9�OC q W �[ Z ;' Courtyard Improvements 2 } Field Survey Bengal Engineering 250 Big Sur Drive Goleta, CA 93117 a R a I (LOOM PLAN a) on-Et qmr..+: N a F p F F q p Phone: (805) 563 -0788 website: www.bengalengineering.com email: scott @bengalengineering.com BENGAL ENGINEERING Task Summary, Resource Estimate & Fees BENGAL Gilroy Senior Center - Courtyard Improvements Project $ 150 Bengal Enqineerinci 2,200 Miscellaneous $ z Exoenses Sub total $ 2.450 (D W W J W � W J U z Z_ O C7 Z ♦- Z Z W O W z UJ f- O W W of WU W _o W Q 0 U Co W 2 W= (D S UZ2 Z�2 Z11 _ Z� JW (7 0L°n j EXHIBIT "C" MILESTONE SCHEDULE 4845- 6718- 3385v1 LAM04706083 Schedule for the Gilroy Senior Center i ID 1 Task Name Gilro Senior Center Jan Eeb - - Mar 1 Apr I May r - 2015 Jun - - 611 Jul Aug _ SeD Q ct 2 Design Contract Award ♦ 310 123 Task 1 - Project Administration _ _— -- 4 Task 2 - Topographic Survey Task 2 - Topographic St r"y 116 5 Task 3 - Courtyard Improvements Task 3- Couiyard Impre vema 3 413 ago logi 511 -- 5 35% Courtyard Plans & Estimate City Review -- 6 Final Courtyard Plans & Estimate a Construction Support "Limited Field Fitting 611 Bn — Milestone Summary: Complete Topographic Study - March 2015 Courtyard Improvement Plan and Estimate - Counstruction Support "Limited Field Fitting" May 2015 - June 2015 Fri 3113115 basis. EXHIBIT "D" PAYMENT SCHEDULE The Contract Sum shall be paid to Consultant in installment payments made on a monthly 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 Eleven Thousand, Six Hundred Fifty Dollars ($11,650) ( "Contract Sum "). This amount includes a 15% project contingency. 4845- 6718 -33850 LAC104706083 A� L® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDnYrv) 03/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND cONFER$ 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 CONTACT NAME: Tina Jackson PNONE EtI9 8059662500 N,: 8055635328 A4DD�RESS: tina @tinajacksonins.com 3834 Pemm PI INSURERS AFFORDING COVERAGE NAIC 0 Santa Barbara, CA 93110 INSURERA: Mesa Underwriters Insurance _Company 08/06/2014 08/06/2015 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: DAMAGE TO RERTE-15-- PREMISES Ea occvrtence INSURER F: 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 ADDLSUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMlDD1YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y MP0004008004808 08/06/2014 08/06/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR DAMAGE TO RERTE-15-- PREMISES Ea occvrtence $ $00,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEHLAGGREGATE!UMITAPPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JEC7 LOC PRODUCTS - . COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY AW3A50250500 12/12/14 12/12/15 CEa aOMBINED ccident SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Par aeaden $ X IRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I - _RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A STATUTE ERH 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 1 $ B Professional Liability USS1425818 9/17/1409/17/15 $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 officials, officers and employees are listed as Additional Insured in respects to general liability. City of Gilroy 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 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP0004008004808 COMMERCIAL GENERAL.L.11ABILITY CG'12037 07 04 THIS ENDORSEMENT CHANGES THEPOLICYi 'PLEASE READ ITCAREFULLY. Rai This,end.lorsemen I t modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name: , Of Additional Insured, Person(s), -OtOr4dilintlon(s): Location And Ddscriotlori Of Coin plet6d 0j*'eAtiloht City of Gilroy, its officers, officials and All operations of the named insured. employees. It is agrded,ttwtls,uch'ifturariode,iiai is affoirded bythis 7351 Rosanna St. policy for the benefit of the additional insured shown shall be primaN insurance, and any other insurance. Gilroy, CA 95020 maintained by the additional 'insured(i), shall. be excess, I and noncontributory as respects any claim, ioss,.or Ii abil- Ity.allegedly arising out'-of ifie.operations of the named insured, peoVid6dho*6,v,6r-thatlhi'siin--sut,ii,h6i 'will not , .0. . liability apply td any 'tIaifn-,Io i3dellabilit'Whii:WiiiddtLieifiiiiLid be solely the ees'Uft of thelAidditional lnsuo#'O rib Ii- lgence,or solely the.additional Insured's responsibility. Information required to complete this Schedule; if not shown above, will be shown in the Declarations: S6ctiori 11 = Who Is An Insured is amended to include as an additional I insured the person(ty or 61Wnization(s)'shoWn in the Schedule, but drily with respect to Ii.a.lJJIjtyfqr"bqd1y injury" or "property dam- age" caused, in Whole or in part, by "your, work" at the location designated and described .in the sched- ule of this endorsement perforrried for that additional insured ighd included in the "products-domplet6d operations hazard". CG 20 37'07 04 (b ISO Propp.ies, Inc., 2004 Pagqi lot 1 13 a--amlkgmw rance Group_ 0133A316654 1001257 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Additional Insured by Contract, Agreement or Permit construction or demolition operations Under SECTION II - LIABILITY, C. Who Is An Insured, performed by or on behalf of the manager or lessor, or . Paragraph4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person (5) To "bodily injury", "property damage" or personal and advertising injury arising; out of the rendering of or the failure to render any or organization have agreed in writing in a contract, agreement or permit that such person or professional services. This includes but is not organization' be added as an additional insured on limited to any professional services as an your policy. Such person or organization is an Y architect or engineer arising out of any construction agreement or activities under additional insured only with respect to liability for "bodily injury", "property damage" or "personal which any insured or anyone acting on any and advertising injury ° caused, in whole or m part, insured's behalf provides or provided service, advice, expertise or work. Construction by: includes, but is not limited to, the plan, . (1) Your acts or omissions; or conception, design, build, construct, assembly, (2) The acts or omissions of those acting on your development, safety, erection, formation, behalf; reconstruct, rehabilitation, repair, or any -to improvement made real property. but only with respect to: Construction iclude s the hiring, . (3) -Your work- for the additional insured(s) at the supervision or management, of any of these Iodation designated in the contract, activities. However, this exclusion does not agreement or permit; or apply to liability arising out of an insured's presence at a jobsite that was not by (4) Premises you own, rent, lease, control or .:caused professional activities listed in the above occupy. . paragraph. This insurance applies on a primary basis if that is c, Additional insured coverage provided by this required by the written contract, agreement or permit. provision will not be broader than coverage provided to -any otherinsured. b. This provision does not apply: d. All other insuring _agreements, exclusions, and (1) Unless the written contract or written conditions' of the policy apply. agreement has been executed or permit has issued prior to the "bodily injury 11. Additional Insured by Contract. Agreement or Perrnit - " d pro perty damage" or "personal and pro Primary and Non - contributory advertising injury% The following is added to SECTION III - COMMON (2) To any person or organization included. as an POLICY CONDITIONS: insured by an endorsement issued by us and M. Other Insurance made part of this Policy; 1. Additional Insureds (3) To any lessor of equipment: If you agree in a written contract, written (a) After the equipment lease expires;. or agreement or permit that the insurance (b) If the "bodily injury", "property damage" provided to any person or organization " or personal and advertising m ury" included as an Additional Insured under arises out of the sole negligence o the SECTION 11 - LIABILITY, Part C - Who Is An lessor; Insured, is primary and non- contributory, the following applies: (4) To any: If other valid and collectible Insurance is (a) Owners or other interests from whom land has been leased which takes place available to the Additional Insured for a loss after the lease for that land expires ; or we cover under SECTION If - LIABILITY Part (b) Managers or lessors of premises if: A. Coverages, Paragraph 1., Business Liability our obligations are limited as follows: (i) The occurrence takes place after you cease to be a tenant in that premises; a. Primary Insurance or This insurance is primary to other (ii) The "bodily injury ", "property damage ° " personal and insurance that is available to the in advertising injury' arises out of Additional Insured which covers the structural alterations, new Additional Insured as a Named Insured. 391-1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 We will not seek contribution from any (1) The total amount that all such other other insurance available to the Insurance would pay for the loss in the Additional Insured except: absence of this insurance;: and (1) For the sole negligence of the (2) The total of all deductible and self- insured Additional Insured; amounts under all that other.insurance. (2) When the .Additional Insured is an Additional Insured under another We will share the remaining loss, if any, with primary liability policy; or any other insurance that is not described in (3) When b.(2) below applies. this Excess Insurance provision and was not If this :insurance is primary, our bought specifically to apply in excess of the obligations are not affected unless Limits of Insurance shown in the Declarations any of the other insurance is also of this Coverage Part. primary. Then, we will share with all c. Method Of Sharing that other insurance by the method described in b.(3) below. If all of the other insurance permits contribution by equal shares, we will follow this method also. b. Excess Insurance Under this approach each insurer contributes This insurance is excess over. equal amounts until it has paid its applicable limit (1) Any of the other insurance, whether of insurance or none of the loss remains, primary, excess, contingent or on any whichever comes first. other basis: If any of the other insurance does not permit (a) That is Fire, Extended Coverage, contribution by equal shares, we will contribute by Builder's Risk, Installation Risk limits. Under this method, each insurer's share is or similar coverage for "your based on the ratio of its applicable limit of work'; insurance to the total applicable limits of (b) That is Fire insurance for insurance of all insurers. premises rented to the Additional III. Aggregate Limit of Insurance (Per Project) Insured or temporarily occupied by the Additional Insured with a. For purposes of the coverage provided by this permission of the owner, endorsement, D. Liability and Medical Expenses Limits of Insurance under Section 11 - Liability is (c) That is. insurance purchased by amended by adding the following: the Additional Insured to cover The General Aggregate Limit under D. Liability the Additional Insured s liability and Medical Expenses Umlts of Insurance applies as a tenant for "property separately to each of 'your projects" or each damage" to premises rented . to location listed in the Declarations. the Additional Insured or temporarily occupied by the b. For purposes of the coverage provided by this endorsement F. Liability And Medical Expenses Additional Insured with Definitions under Section 11 - Liability is amended permission of the owner, or by adding the following: (d) If the loss arises out of the a. "Your project° means: maintenance or use of aircraft, "autos" or watercraft to the I. Any premises, site or location at, on, or in extent not subject to.'Exclusion g. which 'your work" is not yet completed; of SECTION II - LIABILITY, Part and A. Coverages, 1. Business Liability. II. Does not include any location listed in the Declarations. When this insurance is excess, we will have IV. Blanket Waiver of Subrogation no duty under SECTION 11 - LIABILITY, Part A. Coverages, 1. Business Liability to defend the Paragraph K Transfer Of Rights Of Recovery Against insured against any "suit" if any other insurer Others To Us in Section Ill - Common Poricy Conditions is has a duty to defend the insured against that amended by the addition of the following: "suit ". If no other insurer defends, we will We will waive any right of recovery we may have against undertake to do so, but we will be entitled to any person or organization when you have agreed in a the insured's rights against all those other written contract, permit or agreement to waive any rights insurers. of recovery against such person or organization because When this insurance is excess over other of payments we make for injury or damage arising out of insurance, we will pay only our share of the your ongoing operations or "your work" done under a amount of the loss, if any, that exceeds the contract with that person or organization and included in sum of: the "products - completed operations hazard ". 391 -1586 0211 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 2 BENGENG-01 DESU I CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDlYY11� 3N9l2DNY 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 INSURERjS), AUTHORIZED RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRE IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyges) must be endorsed. H 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 8 OD04053 P.O. Box 61010 Santa Barbara, CA 93160 RETEAGT : Brian Snyder 80 690 -2629 N :805 690 -2729 ADD SS: bsnyder@bbotcal.com DISU s AFFORDING COVERAGE NAIC o INSURERA:Stete Compensation Insurance Fund COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 7 OCCUR INSURED Bengal Engineering, Inc. 250 Big Sur Drive Goleta, CA 93117 INSURER 8: INSURER C: INSURER D $ INSURER E: PREM e r n INSURER F: rnVERAGES 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 TYPE OF INSURANCE POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 7 OCCUR EACH OCCURRENCE $ PREM e r n S MED EXP ON one person) S PERSONAL 3 ADV RIIIRY $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT - 0 LOC ROTHER: GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HM AUTOS' AUTOS a en $ BODILY NJURY (Per person) $ BODILY INJURY (Per wmmr t) $ (Per wdderd) $ $ UMBRELLA LUU3 EXCESS L" CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DED I I RETENTION S S A wMM COMPENUTION GR- AND EMdLOYERS LIABILITY ANY PROPRIETOR/PARTNERMXECU`nVE Y❑ OFFICERIMEMBER EXCLUDED? ((�ftynndalmy in NHrr USCR 011; OF. OPERATIONS below- NIA 185888514 5/15/2014 5M 5/201 S X — ELL EACH ACCIDENT S 11000100 E.L DISEASE - EA EMPLO $ 1,000,00 E.L DISEASE -POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AdcUllam l Remarks Schedule, may be atbehed R more spars is required) RE: Gilroy Senior Center Proof of insurance City of Gilroy 7351 Rosanna Street Gilroy, CA 95020- LsS_L'1e-, ?!F ill-lil 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 /1� ®1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD