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HomeMy WebLinkAboutBIggs Cardosa - Construction Management Services (2020)DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 24th day of Februarv, 2020, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Biggs Cardosa Associates, Inc., having a principal place of business at 865 The Alameda. San Jose, CA 95126-3133. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on April 6.2020 and will continue in effect through April 6.2021 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in, insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. '] M H Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in Exhibit "C" ("Milestone Schedule"). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services, 4835-2267-03610 1 LAW4706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 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. A Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In -no event however shall the total compensation paid to CONSULTANT exceed $97,279.00, B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment will be made unless CONSULTANT has fist 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 4835-2267-0361 v1 _2_ LAG104706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a ininimtiun combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835-2267.0361v1 _3 _ LACW4706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall fiu-nish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. 4835-2267-0361v1 _� LAC104706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 G. Prevailing Wage CONSULTANT agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any constriction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements ("Prevailing Wage Laws"). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONSULTANT shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain "public works" or "maintenance" projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site, Prevailing wage information maybe obtained at www.dir.ca. Rov. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments. H. Payroll Records Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSUL TANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code § 1771, § 1811, and § 1815 for any work performed by his or her employees on the public works project. 4835-2267.0361v1 _5_ LAN4706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 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 (3 0) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S ° failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement, CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 4835-2267-0361 v1 6 LAU4706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no 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 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 fi-om 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 aDsuits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, .agents or representatives of either. 4835.2267.0361v1 _7_ LAW4706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall Iccep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835-2267-0361v1 LAC104706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: Maus Cardosa Associates. Inc. By: 0 ) , aAn,%� Name: Mahvash M. Harms. SE Title: PrincioalII Social Security or Taxpayer Identification Number 77-0099204 Approved as to Form City Attorn - 4835-2267.0361v1 LA004706083 -9- CITY: CITY OF GILROY Docu Signed by: �7 �ttMtM(� By: CC6456FF9B054DC Name: - Title: Citv Administrator Jimmy Forbis ATTEST: EsDocuSig ned by: 6wIiLA, rvt,c,(,s " Cr,54984kn046F City Cleric DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 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 Ronald L. Oen, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED' CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Julie Oates shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ("Notices") of this Exhibit "A". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C" IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835-2267-03810 LACT4706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 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 CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and `other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well -organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY' S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835-2267-0361 v1 LAW4706083 -2- DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 D. CONFIDENTIALITY" OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY' S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835-2267-0361v1 _3 _ LAM04706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 H. NOTICES. Notices are to be sent as follows: CITY: Julie Oates City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Ronald L. Oen BiRRs Cardosa Associates Inc 865 The Alameda San Jose, CA 95126-3133 I. FEDERAL FUNDING REQUIREMENTS, ® If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ❑ If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.Z. 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. The goal for DBE participation for this AGREEMENT is 0 %. Participation by DBE CONSUL TANT or subconsultants shall be in accordance with information contained in Exhibit 10-01: Consultant Proposal DBE Commitment, or in Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSUL TANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835-2267-0361v1 4 LAM4706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 EXHIBIT "B" SCOPE OF SERVICES The following bridges are included in the project: 1. 37CO363 West Branch Llagas Creek at Church St 0.2 M N Ronan Ave 2, 37CO352 West Branch Llagas Creek at Farrell Ave 0.2 M W Monterey Rd 3. 37CO321 Miller Slough at Forest St BTWN 1.0.0.F & Lewis d. 37CO320 Miller Slough at Lewis St Near Forest St 5. 37CO271 Miller Slough at I.O.O.F Ave 0.1 M E Monterey Rd G. 37CO339 West Branch Llagas Creek at Murray Ave 0.5 M N Leavesley Rd Biggs Cardosa will perform consultation, research, professional, and technical services required for Construction Management Services, including, but not limited to: planning and conducting pre -construction meetings, ensuring public outreach requirements are met, monitoring the progress of construction relative to the schedule, performing field measurements of quantities for payment, reviewing pay requests from the contractor, performing construction inspection services, labor compliance oversight, problem -solving, communicating with City staff, reviewing and correcting as needed traffic control during construction, general safety of the jobsite, materials testing as per the City of Gilroy Quality Assurance Program: (QAP), and other tasks normally associated with construction management. Federally funded projects require the Consultant to be thoroughly familiar with the Caltrans Local Assistance Procedures Manual (LAPM), and all the required forms and requirements. After review of the bid documents, we do not foresee that any laboratory or testing services is needed for the proposed bridge deck rehabilitation work on these six projects. However, Biggs Cardosa has a standing on -call agreement with Ninyo & Moore who can provide these services if required. Any additional services or unforeseen laboratory and testing work can be performed by our on -call subconsultant; Ninyo & Moore, a fully Caltrans certified laboratory. Biggs Cardosa will respond to the City of Gilroy construction management requests with utmost promptness to ensure all of the Biggs Cardosa team members assigned to the project will meet the City's expectations and will be in compliance with the City's Standard Plans, Caltrans Specifications, and Federal Standards. CONSTRUCTION ADMINISTRATION CONSTRUCTION MANAGEMENT PLAN: Biggs Cardosa is committed to implementing the Construction Management Plan (CMP) and Quality Assurance Program (QAP). As we mobilize our staff to the project, they will review all pertinent portions of the CMP, and then our Resident Engineer, in partnership with the City, will lead a rouurd-table discussion with our staff to make sure that everyone understands the requirements, roles, responsibilities, goals, and objectives specific to this project. 4835-2267-0361 vi 5- LAM04706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 CONSTRUCTION MEETINGS, SCHEDULE, AND FIELD MEETINGS: The Resident Engineer will coordinate the weekly meetings with the Contractor, the City of Gilroy, Designer (when applicable), and third -party representatives (as required) to discuss progress, issues, concerns and resolutions, upcoming construction, schedule, safety, and third -party coordination. The Resident Engineer will schedule, coordinate, and facilitate the pre -construction, construction progress, and other on -site constriction -related meetings and document key discussions and decisions by preparing, distributing, and filing meeting minutes. SCHEDULE REVIEW: Biggs Cardosa has extensive knowledge of construction methods and extensive experience utilizing scheduling software such as Primavera Project Planner (P6) or Microsoft Project so that reasonable and accurate schedules are developed, adequately maintained and used effectively to plan, monitor and control the work from a scheduling perspective. We will review the contractor's preliminary schedule, the baseline schedule, and all schedule updates, including time impact analyses submitted by the contractor under the terms of the construction contract if realistic against various criteria including but not limited to Logic (Sequence), Dtuations, bloat, Critical Dates, and Phasing to identify any potential or actual delays to the approved schedule. SUBMITTAL MANAGEMENT: Biggs Cardosa will review project submittals, approve or recommend approval, and a log will be establislicd at the beginning of the Project and will be continuously maintained and updated. The submittal log will identify the parties responsible for review and acceptance. The submittals log will be addressed in the weekly progress meeting. REQUESTS FOR INFORMATION (RFI): Biggs Cardosa will process, track, and document project Requests for Information (RFI's) and responses and an RFI log will be established at the beginning of the project and will be continuously maintained and updated. The RFl Log will identify the parties responsible for review and response. The Resident Engineer will prepare responses to RFI's in a timely manner and in accordance with the requirements of the contract and will copy the City's Project Manager. CONTRACT CHANGE ORDERS: We will review necessary changes to the project and advise the City of Gilroy of change impacts to project schedule and budget. To achieve this, we will: • Assemble documentation of item quantities, cost calculations, inspection reports, test reports, drawings, photographs, and other materials as required. • Obtain concurrence from the designer for change orders that modify the design. • Prepare change order estimates, consisting of a detailed Force Account Analysis, and time impacts to the contractor's schedule and operations. 4835-2267-0361v1 LACW4706083 -6- + Evaluate the contractor's price proposals for reasonableness and accuracy. • Negotiate change orders with the contractor as directed. • Prepare change orders and attachments after obtaining approval from the City, designer and others, as appropriate. • Maintain a change order log to track proposed changes for review, transmittal and approval. DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 COST CONTROL: Cost containment will be one of the primary tasks of the Biggs Cardosa Team. We will ensure project costs are managed and minimized utilizing a comprehensive project control program including the following tools: + Lessons Learned: Biggs Cardosa will utilize the experience and information gained on past projects of similar nature and magnitude, knowledge of the local area and the construction environment, and the relationships we've developed with the City of Gilroy, local agencies and utility companies. • Constructability Review: During the construction phase, we will eliminate as many potential problems as possible with a thorough review of the bid documents by our experienced staff. We will review construction drawings to identify as many errors, omissions, conflicts or ambiguities as possible. We will assist the City in producing clear construction documents. • Change Control: The Biggs Cardosa Team will diligently manage changes to the. project by implementing the following functions and processes: Request for Information/change, document control, design change process, claims management, construction change process, estimating / cost control, submittal tracking / review, configuration control, action. items / issue notification / tracking and decisive informed decision making. PROGRESS PAYMENT: Biggs Cardosa will provide accurate calculations for all items of work completed and accepted to allow for progress payment. The quantity of each item will be field measured, if necessary, to prevent overpayment or underpayment. Payments on progress estimates inust be traceable to checked source documents that are field- measured or calculated quantities. Upon completion of progress payment verification, the Resident Engineer will provide the monthly progress payment certification to the City for review and approval and payment. CONTRACT CONFORMANCE: Biggs Cardosa will observe the construction process to make sure the processes and procedures employed by the Contractor result in full compliance with the contract documents. It is our goal to work as a cohesive team in helping the Contractor, and thereby preventing him from running into problems and delays. SAFETY: Biggs Cardosa understands that there is nothing more important than the safety of the construction team and the public. We will review the contractor's code of safe practices, and develop a project specific code of safe practices. All project team members will be required to review, sign, and adhere to the project code of safe practices. The Biggs Cardosa Team will conduct safety reviews, night safety inspections, and weekly safety tailgate meetings. On this project the two most pressing safety issues during construction will be hazardous materials handling and traffic handling during staged construction, CLAIMS REVIEW: Disputes avoidance is going to be an essential part of this project. To ensure proactive disputes avoidance, our team will put in place a communication and documentation process that will avoid frivolous notice of potential claims through partnering with the contractor and resolving conflicts at the lowest level possible. We will analyze claims and manage disputes in accordance with procedures provided by the City and the project specifications, 4835-2267-0361 v1 7_ LAM04706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 COMMUNITY OUTREACH COORDINATION: Biggs Cardosa will develop and manage a proactive effort to facilitate public involvement and project understanding while managing public frustration over the construction activities. Traffic detours and adjusting the timing of the lights will help traffic flow; however, a robust and thoughtful outreach effort is necessary to ensure that the public is aware of both the project and the proposed detours, and has an opportunity to share their issues and concerns before any closures occur. Our goal will be to ensure that area businesses, residents, tourists and commuters are informed that: 1. The traffic will be impacted for duration of the project 2. Lane shifts and detour routes will be clearly marked 3. CM team is available to respond to inquiries, complaints and requests. CONSTRUCTION IMPACT ON TRAFFIC AND THE PUBLIC: In response to the public relations needs and time sensitivity of the deliverables for this project, our team will work closely with the contractor to ensure a "Neighborhood Friendly Environment" and guarantee there will be no disruptions to the businesses in the areas. Our main goal is to help the City implement an effective public awareness campaign to ease and minimize inconvenience to local residents , businesses, commuters, tourists and the traveling public for the various bridge rehabilitations projects in this contract. UTILITY AND OUTSIDE AGENCY COORDINATION: Our Resident Engineer fully understands the role of communication and coordination with all the applicable agencies and stakeholders, and will make sure that all involved parties are kept informed of construction activities. We will utilize a utility tracking system, which will list each utility, the owner, the owner's contact person, and to -date disposition of any action required of the utility. This tracking system will be continuously updated, in order to keep constant attention on the relocation or protection -in -place activities of each utility affected by the construction. We will meet with all the utility companies to identify and coordinate their required scope of work to relocate or protect in -place their facilities with the Contractor's construction operations and the project milestone schedule. We will ensure that utility owners are notified before their utilities are exposed to allow them to bring their inspectors on site, if required. This approach should ensure smooth and productive coordination, allowing this project to move forward with minimal schedule risk. CONSTRUCTION OBSERVATION / INSPECTION SERVICES PRECONSTRUCTION CONDITION SURVEY: The preconstruction survey will consist of a photo documentation log system addressing the preconstruction condition of the project, including the condition of the neighboring businesses and residences. This document will be utilized to defend the City from tort claims. QUALITY ASSURANCE INSPECTIONS / MATERIALS TESTING: The Contractor is responsible for its own Quality Control. The Biggs Cardosa Team will be responsible for Quality Assurance to verify that the Contractor's QC Plan is being adhered to and to verify independently the Contractor's QC findings and activities. Our inspectors will conduct the daily inspections of all work to be performed by the contractor including performing QA materials sampling and testing to ensure the construction is in accordance with the plans and specifications. Our Quality Assurance policy on this project is to ensure the processes and procedures employed by the Contractor will result in full compliance with the contract documents. 4835-2267-M A _g _ LAC104706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 DAILY INSPECTION / EXTRA WORK REPORTS: The Resident Engineer will review the Daily Inspection/Extra Work Report in the field by the Inspectors and in the case of a time and materials quantity of Contract Change Order, confirmed and signed by the Contractor. The forin will contain project information and will provide accurate information for payment. PHOTOGRAPHS AND VIDEOTAPE: Photos and Videotapes will be taken daily and will be labeled and filed: before the start of construction to document existing conditions of the job site; during construction to document daily work progress; after construction to document project completion. DOCUMENT CONTROL/LABOR COMPLIANCE DOCUMENT TRACKING SYSTEM: We will implement and maintain a Caltrans customized expedition system modified for the City to control project documents. Our team will work with the City's project manager to prepare the document control system for the start of the project. As part of our customized CM approach, Biggs Cardosa will tailor the project document control, storage and retrieval methods to the needs of the project and in accordance with Federal, State and the City procedures. Biggs Cardosa will prepare, log, and maintain the project records, including but not limited to: Weekly Statement of Working days, Daily Inspection Reports, Correspondence, Submittals, Change Orders, Notice of Potential Claim, Progress Payments, Lab and Field Test Reports, Materials Delivery Tickets and Compliance Certification, Progress Reports, Progress Photos, Meeting Minutes and Monthly Reports. This effort will be led by the Resident Engineer with the assistance of support staff. CONTRACT LABOR COMPLIANCE: We will ensure compliance with the Davis -Bacon Act by conducting employee interviews with the Contractor's laborers to verify labor compliance requirements as well as review Contractor's certified payrolls, daily inspection dairies, and prevailing wages records to ensure Equal Employment Opportunity (EEO) requirements are performed and documented in the project files. WEEKLY STATEMENT OF WORKING DAYS: Biggs Cardosa will monitor the Contractor's work daily and report all information on a daily report that includes all work items, quantities, directives, location of work, date and time of work, weather conditions, and any other pertinent information as deemed necessary.; The Resident Engineer will review all daily reports for content and accuracy to develop a Weekly Statement of Working Days. The Statement of Working Days will show total contract time from first to last chargeable day, weather days, holiday days, additional CCO days, and controlling activities for each week in order to compare to the Contractor's CPM Schedule to monitor progress and performance. The Weekly Statement of Working Days will be signed by the Resident Engineer and sent to the Prime Contractor weekly. MONUMENT RESTORATION / SURVEYING: The monument preservation task is mandated by the California State Statues ImowA as Professional Land Surveyor's Act, Section 8771 (a) (b). The purpose for this law is to prevent costly surveys to re-establish existing center line control points after constriction. Road construction is inevitable over the course of time and this process allows the original monument to be destroyed with a replacement to be set after construction. Thereafter, the perpetuated monuments are readily available for future Lot -Boundary surveys. We will provide field function to verify Monument Preservation 4835-2267-0361v1 _9 ! AM04706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 Survey Procedures (Corner Records) of existing centerline monuments located at intersections, BC's, EC's, Angles, and Radius Points of Record. Existing monuments will be defined as monuments that are on the surface, sub surface at shallow depths that are detectable by magnetic locator, as well as in chill hole as exposed by prior investigation. Contractor shall be responsible in the necessary pre/post construction corner record filing. POST CONSTRUCTION ACTIVITIES PRE -FINAL / FINAL INSPECTION: Biggs Cardosa will continuously inspect the work and at the end of the project will generate a "Punch List" that includes all deficiencies. Staff will continuously inspect the work until all items on the list are complete. Upon completion of items listed in the "Punch List", we will perform a final inspection prior to proj ect acceptance. PROJECT CLOSE OUT AND TRANSFER OF PROJECT RECORDS: Biggs Cardosa will follow the City Guidelines for project close- out documentation and project acceptance. Upon completion, all project files and As-Builts will be properly packed and delivered to the City. This includes: Submittals, RFls, and CCOs, and associated logs and conformance review letters; Daily observation journal entries; Photo/video documentation; Quarterly progress reports; Approved as -built Record Drawings; Special inspection reports and associated log that contain the date, quantity/description, location and test results for all special inspections and material tests; Shop drawings that include all field notes filed by specification; Completed Punch List; Project acceptance report and written assurance that the work is completed and ready for acceptance by the City of Gilroy. PRIMARY PROJECT CONCERNS Biggs Cardosa is committed to assisting the City of Gilroy in meeting its overall objectives in this construction contract, Below is a list of critical elements that we anticipate for these types of projects: Key Issue Challenge Solutions Traffic The HMWM deck • Early review of Traffic Control Systems (TCS) submittal for Handling and treatment will require conformance to Caltrans & City Work Zone Traffic Control Public construction staging Standards. Outreach and lane closures to • CM will be the main point of contact to implement public maintain traffic during relations with all residents, providing early public notifications and construction continuous and clear coordination with all parties. Parldng Parking is at a premium e Implement an effective no parking sign strategy, giving enough During for many residents time for residents to plan ahead. Construction Site Requirements for site . Highlight all pen -nit requirements during the p q g pre -construction Cleanliness cleanliness measures, meeting such as NPDES and Construction General requirements to ensure the contractor is aware and complies with all applicable permit requirements. o Monitor and enforce BMP requirements including street sweeping and proper material storage Safety Construction near • Outreach to residents and send frequent reminders regarding pedestrians construction zone safety Construction Business and resident o Quick response to residents' concerns due to noise, vibration, dust Impacts impacts and reduced parking, to minimize impacts and/or prevent elevated frustration. 4835-2267-0361v1 LAC104706083 -lo- DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 EXHIBIT "C" MILESTONE SCHEDULE 4835-2267-03610 LAM04706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 ►— - 4f-I � z :�V N - n- o h N Zor LL ! Z O LU - 'U w a (] W4� a yy a q 7 0 ~� w w LU E O - cc © LL. n F 0Z oaa - W a _ w 3 d j�g v 0. 'N M V 41 -�O f� C' d :ij'£✓! ILL N LL � r r r � � w m G l{r 4 •- C S N C C C o 1'O �D '� � LL LL � b y IL 1 i vi a N 40 'N o •- .6 a .b ��, o �, C 9 '6 Y1 YS Tl h' (q �� i o rn .Z o60 iJ r Grim d`m' i3 2 ��� �a�ov -_. �y m� F Z WI�D 'd 00 01 5 O �i0 £ u'� nm u'�� u .^,�a am, Z H a . O P N � U o :2 D(q 0 d' U U) N Z J 0 0 ZZ J Lu T Z co ~ 0 LY <H 0 CO Ir 0 Q W O� � UO W �U 2 Z LLI Z Lu :E O 0 U)ul aw pw Lu2 FQ =�' u U =0 �— w� a� aQ ¢? U)N ,Ix C) <0 W Z q) Z 0 Q �- 0 �, ZV W M: � I— W O wwD 00 F 0. DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 EXHIBIT "D" PAYMENT SCHEDULE The Consultant will invoice monthly as incurred for labor, materials, and subcontracted services (if applicable) in accordance with the following fee schedule. Consultant will not be entitled to compensation for any extra work unless the City authorizes, in writing, the performance of such extra work prior to the performance of the work. 4835-2267461v1 LAC104706083 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 City of Gilroy -Project No 6PMP-5034(026) - Contract No. 19-RFP.PW,421 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICE$ FEE:BREAKDOWN CATEGORY F+ 'TPjIg IAA) ` P&cI0 It l e 9tN5 ft �ry _ Inappty All-T' 3ub1o111 -(M�aE) AWaEl. OMo6__- Ffr1d Servi �' Haurr Total $6uplHep (CONSTRUCTION MGI)4T ITEM Staff Rate {�1c:$o ' 'sa46:72 $1@6;6e. $162;93= 13�H461b1' ya8A6=: I'.9,U 76 . Eetabiish FOing'System and occurrent Control 2 4 1 6 Construction Meetings - 2 8 2 12 Coordination Wth Conlraolor, City, Designer, and Public - 2 8 2 12 Monitoring Project Schedule During Construction 2 81 -70 Review Contractor's Monthly Bcheddle of Values 2 101 12 1Analyze and Coordinate, Monthly Progress Payments 4 201 24 p,O �ocrrmen! Gontroly tatror. Domp!lanca 1Submillel Reviews 1RFI COordlnallon and Responses Contract Change Order Coordination and Processing Labor Dompllance Intarviews & Certified Payroll Compliance 13.0 Construction Observaiiem.l Inspection Services 10ack Treatment TestArea Location 113ridge No. 3700321 Miller Slough at Forest SI BTWN LO,O.F & Lewis Bridge No. 37CO320 MIIler 5lcugh of l.eavis SI Near Forest St Bridge No. 3700271 M6ler Slough at 1,C.O.1' Ave 0.1 M E Monterey Rd (Bridge No. 37CO363 West Branoh Llagas Creak at Church St02 M N RananAvc Bridge No. 37C0352 West Branch Llagos.Greek at Farrel Ave 02 M VV Monterey Rd 1131dgo No. 3700339 West 5ranch Llagas Croak at Murray Ave 0,5 M N Leavesley Rd 14.0 Pot Constraotfar! A othoties Final Walkthrough and Generale Punchllsl Inspect Punchllst hems 1Finallze outsionding Contracl Change orders 1,Glabal Salllemsnls, Dispute Resolution, Arbitration Project C[cseoul Documonts Project Total Labor 0 Total Hours Per Consullank, - - J DIRECT COST FIXED FEE MULTIPLIERS RATES 1 70 1 30 30 20 20 10 10 10 10 1 318 8 1 20 28 81 40 48 a 1 40 48 al 40 48 8 1 40 48 8 1 40 48 8 1 40 48 1 46 21 8 10 21 8 10 4 81 4 2 18 2 A 2 8 20 - 130 70 280- 8 $08 608 508 11 Direct Rate $ 107.31 63.65 W36 65.24 66.90 33.39 { Overhead Rate % 160.137. 168,13% 168,137. 168.13Y, 163.13% 11611.13% 1 Profit% . 1cy., 10%, 101%. i6% _ is% low 1 Escalation % _ 6.0% - 6.6% 60% '54% _ sA% , Caw 1 Required Materials Testing (See breakdown below) 1 Othor Direct Costs {See breakdown below) Required Structural Materials Testing Expenses Total # Cost par Total Samples Sample Cost 1Conorete Cylinder Compressive Strength Testing Prestressln9 Sample Testing r 0 $250 $01 - Non -Shrink grout Pdsm Comresdm Test 0 $54 $0 e9retcal Max Specilio Gravity and Denslly CT 100 Asphalt ! 0 $125 $0' 1Asphadle Content by Ignition Method CT382 0 4200 $ol 1Stabllometer CT 366 HMA 0 $155 $01 1LabCampnWnAB 0 JLtlo $01 1Aggregate ToAng (Gradation CT 117 and CT 130) AO g $160 $01 1Callforn]almpactCompaoffonToal(CT 216) 0 435d $ol 1 10% Fxpense Mark-up - $0 1 Subtotal Raqu trod Structural Materials and Testing Fa pense Cost = $0 Other Dfrect Casts Total N Cost per Total I {Description) Unit Cost jPostage and Dolivery Costs (Supported by Consultant Actual Costs) In $20 $2001 [Reproducfion and Printing Casts(Suppoded by ConsullaOl AOtual Costs) 20 $0.32 $61 _ {File Sbariug Sphware 0 $600 $01 Profdograph Tosllog - -- - 0 $6,000 $01 Coolfidenl of Fdclion Testing 0 $s,000 $01 Subtotal Required Structural Materials and Testing Expense Cost = $206 1 $15,1ss „ j $1,2761 $2.2561 $2.2651 $2.059 1 $2.450 1 $4.901 1 $11,405 1 $4.889 1 $3.259 1 $1,6291 $1.629 1 $s1,671 1 $5.459 1 $9,352 1 $13,352 1 $9.352 1 $9.352 1 $9,352 1 $9.352 1 $8,899 1 $1.949 1 $1,9491 $3.520 1 $1,473 1 $97,073 I $01 $200 J I Grand Total $97.279 1 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 Local Assistance Procedures Manual EXHIBIT 10-I11 Cost Proposal I X111111T 10-1I1 COST PROPOSAL page 1 ota ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINL'ERINGAND ENVIRONMENTAL STUDIES) Note; Mark-ups.are Not Allowed X Prime Consultant l7 Subconsultont ❑ 2nd Tier Subconsultont Consultant Biggs Cardoso Associates, Inc. Project No. BPMP-5034(026) Contract No. 19-RFP-PW-421 Date 11/7/2019 DIRECT LABOR Classirrcation/Tii[e Name hours Actual Hourly Rate Total Principal 11(QA) Malkyash Darius $107 31' Principal I (CrYM) Ron Den" 20 $83.65 $1,673,001 Associate various $80,00 $0 001 P.ngineering Monngor various S73.27 $0,001 Engineering Manager (Assistant RE I Stiucture Rep) John AlclalP 130 $66,13 $8,625, 501 Senior Engineer various $63.92 $0,001 Project Engineer (Insp Supervisor) various $55,24 $0.00l StatfEngineer various $47.45 $0,001 Assistant Engineer various $41,83 $0.00l Junior Engineer various $36.64 $0,001 Inspector IV - Office various 70 $55,24 $3;866.80 1 Inspector II[ - Office various $47.45 $0.0o Inspector[] - Office various $41.93 $0.00l Inspector I - Office various $36.64 $0.00 [ Inspector IV** various 280 $66,00 $18,480.001 1115pcatorll[** various $64.00 $0.o0i Inspector]]** various $63,00 $0.001 huspectorl** various $60.00 $0,00 Senior Computer Drafter various $49.62 $0.00 Administrative Services various 8 $33.39 $267.12 LABOR COSTS a) Subtotal Dsect Labor Costs $32,912.42 b) Anticipated Salary Increases (see page 2 for sample) $0.00 c) TOTAL DIRECT LABOR COSTS [(a)+ (h)] $32,912.42 INDIRECT COSTS d) Fringe Benefits (Rate: 29.34% ) e) Total Fringe Benefits [(c) x (d)] $9,327.38 Overhead (Rate: (1,00% ) g) Overhead ](c) x (t)] $0.00 lt) General and Administrative (Rate: 139.79% ) 1) Ocn & Adnun [(c) x (h)] $46,008,27 j) Total Indirect Costs [(e) + (g) + (I)] $55,335,65 FIXED FEE q) (Rate: 1000% ) k) TOTAL FIXED PROFIT [(a) + 0)] x (q)] $8,824.81 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEI4IIZC (Add additional pages if necessary) I Description of Item Quantity Unit Unit Cost Total !J Postage and Delivery Cost (S apported by Consultant Actual Casts) 10 Each $20.00 ,$200,00 Repoduction and Printing Costs - Plots (Supported by Consultant Actual Casts) 0 Sq. Fl. $1.60 $0.00 Repoduction and Printing Costs - Prints (Supported by Consultant Actual Costs) 20 Sq. Ft. $0.32 $6.40 i� TOTAL OT"IcR DIRECT COSTS $206,40 I r m) SUBCONSUTLANTS' COSTS (Add additional pages if necessary) Subconsultant 1: $0,00 Subconsultant 2: $0.00 Subconsultant 3: $0.00 Subconsultant 4: $0.00 $0,00 m) TOTAL SUBCONSULTANTS' COSTS $0.00 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I) + (m)] $206 TOTAL COST [(C) + (j) + (k) + (n)] $97,279 NOTES, - 1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (* *). All cost must comply with the Federal cost principles. Subcousultants will provide their own cost proposals, 2. The cost proposal format shalt not be amended, Ilyderect cost rates shall he updated oil oil annual basis in accordance with the constulnnt's annual accounting period mud established by a cognizant agency or accepted by Caltrans. 3, Anticipated salary incronscs calculation (page 2) must accompany, Page 1 of January 2018 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 Local Assistance Procedures Manual EXHIBIT 10-111 COST PROPOSAL Page 2 ats ACTUAL COST -PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) L Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal Total Hours per Cost Proposal per Cost Proposal $32,912,42 508 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation "/o) Avg Hourly Rate Proposed Escalation Year 1 $64.79 + 5.0% Year 2 $68,03 + 5.0% Year 3 $71.43 + 5,0% Year 4 $75,00 + 5.0% 3. Calculate estimated ]ours per year (Multiply estimate % each year by total hours) Estimated % Total Hours Completed Each Year per Cost Proposal Year 1 100.00% % 508.0 Year 2 0.00% s 508,0 Year 3 0A0% * 508.0 Year 4 0.00% * 508.0 Year 5 0.00% * 508.0 Total 100% Total 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours (calculated above) (calculated above) Year 1 $64,79 * 508 Year 2 $%03 * 0 Year 3 $71,43 * 0 Year 4 $75.00 * 0 Year 5 $78,75 * 0 Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation Estimated total of Direct Labor Salary Increase EXHIBIT 10-I11 Cost Propusa Avg Hourly 1 Year Contract Rate Duration $64.79 ' car t nvg nuu, ry R— $68.03 $71,43 $75.00 $78.75 Total hours per Year 508,0 0.0 0.0 0.0 0.0 508,0 Cost per Year $32,912.42 $0,00 $0.00 $0.00 $0.00 $32,912.42 $32,912.42 $0.00 N0TE5: 1. This is not the only way to estimate salary increases. Other mothads will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breddowa of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # ofyears is not acceptable. (i.e, $250,000 x 2% x 5 yrs — $25,000 is not an weeptable methodology) 3. This assumes that one year will be worked at die rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. 1 car � e+vg new ry alP , -vg nuui ry ri @tfl x r vg "wa ry T�i!tfl r.vg nuu. ry R ote Eslintnted Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Eslimated Hours Year 1 Estimated Hours Year 2 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Transfer to Page 1 Page 2 of 3 January 2018 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 Local Assistance Procedures Manual m EXHIBIT 10-III Cos t Proposal EXHIBIT 10-111 COST PROPOSAL Page a of a Certification of Direct Costs: I, the undersigned, ceritfy to the best ofmy knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with Ilse contract terns and the following requirements' 1, General Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3, Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Reaulations Part 31 - Contract Cost Principles and Proceedures 5, 23 Code of Federal Roaulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services 6. 48 Code of Federal Requlations Part 9904 - Costs Accountinq Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts, All documeatadon ofcompliance mustbe retained in the project files and be in compliance with applicable federal and state requirements, Costs that are noncompliant with the federal and state requiremonts arc not eligible for reimbursement. Local governments are responsible for applying only cognizant agency or Caltrats accepted Indirect Cost Rate(s) Prime Consultant or Subconsultant Certifvins: Name: A v i:_M sirms ; Title*: Vice President Signature: Date of Certification (mutlddlyyyy): 111712019 Email: mharms0-)biggscardosa.com Phone Number: (408) 296-5515 Address: 865 The Alameda, San Jose, CA 95126 *An individual executive of financial officer of the considtnrd's or subconsultant's orgasizntion at a level no tower than a Vice President or a CldefFinancial Officer, or equivelant, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List of services the consultant is providing under the proposed contract: Construction Management and Inspection Services for the Bridge Preventative Maintenance Program, Federal Project No. BPWIP-5034(025), City Project No.19-RFP-1'W-421. This cost proposal includes Construction Management and Inspection Services for cleaning and treating bridge decks with High Molecular Weight Methaeryla to (IINIWeYI) for the following six bridges throughout the City of Gilroy, as well as replacing traffic stripes and pavement roarldngs, and other incidental and appurtenant work necessary for the proper construction of the improvements. The following bridges are included in the project: 1. 37CO363 West Branch Llagas Creclr at Church St 0.2 M N Ronan Ave 2, 37CO352 West Branch Llagas Creek at Farrell Ave 0.2 M W Monterey Rd 3. 37CO321 Miller Slough at Forest St BTWN 1.0.0.10 & Lewis 4. 37CO320 Miller Slough at Lewis 8t Near ForestSt 5. 37CO271 Miller Slough at I.O.O.F Ave 0.1 M E Monterey Rd 6, 37CO339 Wes t Branch Llagas Creclr at Murray Ave 0.5 M N Lenvesley Rd This cost proposal assumes that per Ore project specifications, substantial completion of the Bridge Preventative Maintenance Program project for all six of the listed bridges will be completed within 35 working days from the effective date of the Notice to Proceed to the Contractor and that the Notice to Proceed to the Contractor will be provided by sometime in May 2020, Page 3 of 3 January2018 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City Of Gilroy 2, Contract DBE Goal: 0% 3, Project Description: CM Services for Bridge Preventative Maintenance Program No. BPMP-5034(026) 4. Project Location: Gilroy, CA 5. Consultant's Name: Biggs Cardosa Associates, Inc. 6. Prime Certified DBE: 7, Description of Work, Service, or Materials 8. DBE Supplied Certification Number Local Agency to Complete this section 17. Local Agency Contract Number: 18, Federal -Aid Project Number: 19. Proposed Contract Execution Date., 20. Consultant's Ranking after Evaluation: Local Agency certifies that all DBE certifications are valid and information on this form Is complete and accurate, DISTRIBUTION: Original — Included with consultant's proposal to local agency. 9. DBE Contact Information 10. DBE % 11. TOTAL CLAIMED DBE PARTICIPATION 0 % IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. f� 11/07/2019 12. Preparer's Signature 13. Date Ron Oen, PE 408.296.5515 14, Preparer's Name 15. Phone Principal 16. Preparer's Title ADA Notice: For Individuals with sensory disabillties, this document is available in alternate formats. For information call (916) 654-641 o or TDB (916) 654- 3860 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page I of 2 January 2019 DocuSign Envelope ID: 13881DDF-A37F-4E8F-82D4-4A5969A7E467 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Gilroy 2. Contract DBE Goal 0% 3, Project Description: CM Services for Bridge Preventative Maintenance Proqram No. BPMP-5034(026) 4. Project Location: Giirov, CA 5. Consultant's Name: Biqqs Cardosa Associates, Inc.6. Prime Certified DBE: 0 7. Total Contract Award Amount: $97,279 8, Total Dollar Amount for ALL Subconsultants; $0 9. Total Number of ALL Subconsultants: 0 10. Description of Work, Service, or Materials 11. DBE Supplied Certification Number Local Agency to Complete this Sectioii ' 20. Local Agency Contract Kh imhor, 21. Federal -Aid Project Number; 22. Contract Execution nniw Local Agency certifies that all DBE certifications are valid and information on this form Is complete and accurate. 23. Local Agency Representative's Signature 24. Date 25. Local Agency Representative's Name 26. Phone 27. Local Agency Representative's Title 13. DBE 12. DBE Contact Information Dollar Amount $ 0 14. TOTAL CLAIMED DBE PARTICIPATION (} IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required, 11 /0 7/2019 15. Preparer's Signature 16. Date Ron Oen, PE 408.296,5515 17. Preparer's Name 18, Phone Principal 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result In de -obligation of federal funds on contract. AAA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 orTDD (S16) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Pabe 1 of 2 Judy 23, 2015 Certificate Of Completion Envelope Id: 13881DDFA37F4E8F82D44A5969A7E467 Subject: Biggs Cardosa Contract for Signature Source Envelope: Document Pages: 28 Signatures: 2 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 4/14/2020 3:00:15 PM Signer Events Jimmy Forbis jimmy.forbis@cityofgilroy.org eSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Shawna Freels shawna.freels@ci.gilroy.ca.us M rs. Accela, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Holder: Suzanne Guzzetta Suzanne.Guzzetta@cityofgilroy.org Signature by:EDII"Sil"Id lN1Wt�b6lS CC6456EF9B054DC... Signature Adoption: Pre -selected Style Using IP Address: 71.93.229.31 y: EDIIUSig"Idb 16WK& FlIA ,S 11 CC542848DO46F... Signature Adoption: Pre -selected Style Using IP Address: 141.126.124.171 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Docu5�". 6 S E C U R E 6 Status: Completed Envelope Originator: Suzanne Guzzetta 2633 Camino Ramon Ste 500 San Ramon, CA 94583 Suzanne.Guzzetta@cityofgilroy.org IP Address: 207.7.154.9 Location: DocuSign Timestamp Sent: 4/14/2020 3:01:08 PM Viewed: 4/14/2020 3:45:23 PM Signed: 4/14/2020 3:47:06 PM Sent: 4/14/2020 3:47:07 PM Viewed: 4/14/2020 4:03:52 PM Signed: 4/14/2020 4:04:02 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 4/14/2020 3:47:07 PM 4/14/2020 4:03:52 PM 4/14/2020 4:04:02 PM Envelope Summary Events Completed Status Security Checked Timestamps 4/14/2020 4:04:02 PM Payment Events Status Timestamps