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HomeMy WebLinkAboutContract - Dewberry Engineers, Inc. - Contract No. 25PW0060 - Expires: 5/1/2026City of Gilroy Agreement/Contract Tracking Today’s Date: March 3, 2025 Your Name: Shaun Wright Contract Type: Services over $5k - Contractor - Design Professional Phone Number: 408-710-0668 Contract Effective Date: (Date contract goes into effect) 4/7/2025 Contract Expiration Date: 5/1/2026 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Dewberry Engineers, Inc. 8401 Arlington Blvd Fairfax, VA 22031 Taxpayer ID: 13-0746510 Signer’s Name/Title: Dennis Haglan, P.E./Senior Vice President Contract Subject: (no more than 100 characters) Lions Creek Trail Design Contract Amount: (Total Amount of contract. If no amount, leave blank) 189652 By submitting this form, I confirm this information is complete: ➢ Date of Contract ➢ Contractor/Consultant name and complete address ➢ Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢ Taxpayer ID or Social Security # and Contractors License # if applicable ➢ Contractor/Consultant signer’s name and title ➢ City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D TYPE OF PROCURMENT DOLLAR THRESHOLD / SIGNING AUTHORITY STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, parts, pipe manholes, office supplies, fuel, tools, PPE items, etc… • Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Purchasing Approval • Purchase Requisition Payment Method Purchase Order* • Informal bid/quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Purchase Requisition Payment Method Purchase Order • Formal Bid • Advertisement • Council Approval • Purchase Requisition signed by City Administrator Payment Method Purchase Order GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc… • Vendor selection at discretion of staff • May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Signed Payment Request (if sole proprietor or partner) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order* • Informal Bid/RFP quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal Bid/RFP/RFQ • Advertisement • Council Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc... • Vendor selection at the discretion of staff • Purchase Summary Form w/ Purchasing Approval • Standard Agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to at least 3 consultants • Purchase Summary Form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to a list of consultants • Evaluation Spreadsheet w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal RFP/RFQ • Advertisement • Council Approval • Standard Agreement signed by City Administrator • Purchase Requisition Payment Method Purchase Order Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 3 day of March, 2025, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Dewberry, having a principal place of business at 8401 Arlington Blvd, Fairfax, VA 22031. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on April 7, 2025 and will continue in effect through May 1, 2026 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. ______ 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. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -2- 4835-2267-0361v1 LAC\04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $189,652.26. 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 Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -3- 4835-2267-0361v1 LAC\04706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -4- 4835-2267-0361v1 LAC\04706083 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT’S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D 4835-2267-0361v1 LAC\04706083 -5- 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 construction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, 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 may be obtained at www.dir.ca.gov. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments. 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. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant’s Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY -6- Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -6- 4835-2267-0361v1 LAC\04706083 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 from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. -7- Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -7- 4835-2267-0361v1 LAC\04706083 C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. -8- Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -8- 4835-2267-0361v1 LAC\04706083 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: CITY: DEWBERRY CITY OF GILROY By: By: Name: Dennis Haglan, P.E. Name: Jimmy Forbis, Title: Senior Vice President Title: City Administrator Social Security or Taxpayer Identification Number 13-0746510 By: By: Name: Dennis Haglan, P.E. Name: Jimmy Forbis, Title: Senior Vice President Title: City Administrator Social Security or Taxpayer Identification Number 13-0746510 Approved as to Form ATTEST: City Attorney City Clerk -9- Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -1- 4835-2267-0361v1 LAC\04706083 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 Rita Montalvo, P.E., 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, Shaun Wright 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. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -2- 4835-2267-0361v1 LAC\04706083 Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -3- 4835-2267-0361v1 LAC\04706083 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. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Shaun Wright City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Dennis Haglan Dewberry 11060 White Rock Road, Suite 200 Rancho Cordova, CA 95670 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.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Exhibit B – Scope of Work 2/03/2025 1 Project Assumptions 1. Project Name a. This project has most recently been called the Lions Creek Trail West (Lions Creek Trail West of Santa Teresa and Day (CIP Project No. 800270) and Lions Creek Trail West Gap Closure – Kern to Day (CIP Project No. 800280). For CEQA it was originally part of the “Three Trails Project”. For the purpose of this scope and work, this project will be titled, "Lions Creek Trail" 2. Project Current Status a. Environmental a. CEQA: An Initial Study (IS) and Mitigated Negative Declaration (MND) was prepared for the three trails project in 2010. A Notice of Determination (NOD) was filed for the Three Trails Project 8/18/10. A Categorical Exclusion was approved in 2014 by Caltrans. b. NEPA: The City revalidated NEPA which was approved by Caltrans on 8/8/24. b. Design a. 65% completed in 2016 b. Foundation report completed c. The existing surveys will be used. Dewberry is not responsible for any changes post surveys (completed in 2015). c. Right of Way a. Assume no Right of Way is needed other than the Santa Clara Valley Water District (SCVWD) Joint Use Agreement (JUA). d. Permitting a. SCVWD Encroachment Permit and a Joint Use Agreement (JUA) is required – SCWVD will need to adopt the CEQA document as a responsible agency before providing the JUA. b. United States Army Corps of Engineers (USACE) Determination Letter dated 7/23/14 – expired in 2019. Will need to update. c. National Pollutant Discharge Elimination System (NPDES) - Central Coast Regional Water Quality Control Board (RWQCB) – email dated June 15, 2015, from City stating that the trails projects are NOT regulated and are exempt from the City’s Low Impact Development (LID) requirements. d. United States Fish and Wildlife Service (USFWS) – anticipated that this permit will not be required. e. National Resource Conservation Service (NRCS) approval of the PS&E. Per the SCVWD, the adjacent channel is a part of the “Lower Llagas Creek Watershed Project”, which is funded by NRCS, thus NRCS will need to review and approve the proposed trail. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Exhibit B – Scope of Work 2/03/2025 2 f. California Department of Fish and Wildlife (CDFW) - Permit approval. g. The city will be responsible for all permit fees. 3. Consultant Responsibilities: a. Prepare the Plans, Specifications, and Estimate (PS&E). b. Coordinate obtaining the required permits and approvals. c. Prepare IS/MND Addendum 4. City Responsibilities: a. The city shall have the primary responsibility for the bidding and construction review phase of the project, including testing and inspection coordination, payment request processing and all related items. b. PS&E Review and approval. c. Obtain all title reports for the project. d. Process the Local Programs paperwork, including the ROW RFA and Certification and Construction Authorization. 5. Scope Assumptions: a. Trail: The trail design will be based on the 65% design plans with the following changes: i. Removal of undercrossing & retaining wall. ii. Addition of a ramp on the SW corner of Santa Teresa and Day Road, intersection striping (crosswalk), pedestrian signal heads, and push buttons, and signal reprogramming at the intersection. Restriping and reconfiguration of intersection. iii. Pavement structural section design to be updated according to city comments. b. Right of Way: The City will supply all title reports and property information c. Hydraulics: A hydraulic analysis is not required. In 2013 the “Hydrology and Hydraulics of Lions Creek for the Construction of the Lions Creek Trail in the vicinity of Kern Avenue in the City of Gilroy, Santa Clara County, California” memo was prepared at the Kern Bridge by Avila and Associates. d. Permits: CONSULTANT will be responsible for coordinating and obtaining permits listed under section 2.d. Permits. The city will be responsible for all permit fees. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Exhibit B – Scope of Work 2/03/2025 3 1.0 PROJECT MANAGEMENT Task 1.1 - Project Initiation Task 1.1.1 - Kick-Off Meeting Task 1.1.2 – Preliminary Research and data gather Task 1.1.3 – Establish Project Schedule Task 1.2 - Project Management Task 1.2 1 – Project Management CONSULTANT will manage the project by tracking the schedule, budget and value of the products produced. CONSULTANT will create and maintain an “action item log” for the project, which will include each required action encountered, the responsible decision-maker for that action, and the date the decision was made or action taken. Task 1.2 2 – Progress Meetings Task 1.2.3 – Schedule Updates 2.0 ENVIRONMENTAL AND PERMITTING Task 2.1 – Environmental – CEQA IS/MND Addendum The Consultant team will prepare a Draft Addendum and Final Addendum/MMRP to the 2010 IS/MND (IS/MND Addendum). This Addendum scope is based on the understanding that: · Existing conditions are similar to those analyzed in the 2010 IS/MND and no substantial changes have occurred that would result in new or substantially increased significant impacts. · Project impacts will remain similar to, or less than, those analyzed in the 2010 IS/MND. · No new or considerably different mitigation measures will be required to reduce impacts to a less than significant level. If during the IS/MND Addendum process, it is determined that conditions have changed at the project site such that new or substantially increase impacts would occur or that new or considerably different mitigation measures are required, then a Subsequent or Supplemental IS/MND would need to be prepared. Draft IS/MND Addendum The Draft Addendum is expected to include: · Introduction and Overview · Modified Project Description · Environmental Analysis Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Exhibit B – Scope of Work 2/03/2025 4 · List of Preparers · References Final IS/MND Addendum/MMRP Upon receipt of one round of consolidated City review comments, Consultant will prepare a Final IS/MND Addendum for final approval before taking the Addendum to the Planning Commission and/or City Council for approval. Consultant will submit electronic copies (PDF) of the Final IS/MND Addendum for review and approval and will respond to one round of City comments. While it is our understanding that no new or considerably different mitigation measures will be required to reduce impacts to a less than significant level, minor changes to mitigation measures may be required. If, during the IS/MND Addendum preparation, minor changes to existing mitigation measures are identified, a Mitigation Monitoring and Reporting Program (MMRP) for CEQA will be prepared in conjunction with the Final IS/MND Addendum. After the City have reviewed the Draft IS/MND Addendum, Consultant will incorporate the mitigation measure revisions into the MMRP and submit the MMRP along with the Final IS/MND Addendum. Deliverables: · Draft IS/MND Addendum · Final IS/MND · MMRP Task 2.2 - Permitting Army Corps of Engineers: In a letter dated August 2, 2010, the Corps determined that Department of the Army authorization was not required for the Wren Avenue bridge crossing since the proposed construction activities would occur above the ordinary high-water mark (OHWM) and delineated wetland boundaries. Since the undercrossing will be deleted from the plans, the CONSULTANT will verify any permit requirements from the USACE. Since the project would not result in the placement of fill materials within waters or wetlands subject to Corps regulation on the project site, it is anticipated that a DA permit would NOT be required. California Department of Fish and Wildlife: It is anticipated that a CDFWS permit is not needed. Regional Water Quality Control Board (RWQCB): CONSULTANT will prepare a Notice of Intent (NOI) to the Central Coast RWQCB to obtain a general construction stormwater permit. The Contractor will be required to prepare the Storm Water Pollution Prevention Plan. Deliverables: · USACE Determination Request Letter · NOI to the Central Coast RWQCB to obtain a general construction stormwater permit Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Exhibit B – Scope of Work 2/03/2025 5 Task 2.3 – SCVWD and National Resource Conservation District (NCRS) Coordination Consultant will coordinate the design and permit requirements with Santa Clara Valley Water District to incorporate additional drainage and erosion control elements in addition to the typical trail requirements within the project limits. This task will include submitting the environmental documents and PS&E to comply with the permit and Joint Use Agreement (JUA). This includes the National Resource Conservation District (NCRS) approval of the PS&E. Perthe SCVWD, the adjacent channel is a part of the “Lower Llagas Creek”. Deliverables: · PS&E Submittals to SCVWD and NCRS · Response to Comments 3.0 PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) (60%, 90%, 100% PS&E) The most current Caltrans Standard Specifications, along with relevant Standard Special Provisions prepared for this project shall be the governing construction specifications. The City’s boilerplate provisions will be supplied by the City for incorporating into bid documents package. Preliminary specifications shall be required with the levels of completion list above and finalized with the 100% PS&E package. In addition, quantity take-off calculations and summary shall be provided by CONSULTANT to aid the City during construction. Task 3.1– 60% Intersection Plans CONSULTANT will prepare a separate 60% submittal for the signal and intersection improvements. Once approved, the intersection design will be included in the 90% and 100% submittals. The intersection improvements shall be coordinated with current planned street improvements, Eagle Garden. Task 3.2– 90% Plans, Specifications, and Estimate (PS&E) A submittal of the 90% PS&E will be made to the city addressing City comments on the 65% submittal. The 90% submittal will also include the draft contract specifications. Contract Specifications: CONSULTANT will prepare the contract Special Provisions for the project based in General on Caltrans’ Standard Special Provisions, Caltrans Standard Specifications, and City construction contract standards. CONSULTANT will prepare required technical special provisions for Sections 8, 9 and 10, and will compile with City supplied boilerplate specifications. The basis of the specifications shall be the latest Caltrans Standard Specifications. Required mitigation measures and permitting requirements from the environmental permits will be included in the specifications by the CONSULTANT. Task 3.3 – 100% Plans, Specifications, and Estimate A submittal of the 100% PS&E will be made to the city addressing City comments on the 90% submittal. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Exhibit B – Scope of Work 2/03/2025 6 Task 3.4 – Utility Coordination Utility Notification Letters were sent to the utility companies in February 2012. Responses were received by AT&T, Charter Communications, City of Gilroy Departments, Level 3 Communications, PG&E, and Verizon. Based on the responses, Charter Communications, City of Gilroy Departments, PG&E, and Verizon have utilities within the project area. It is assumed that no utilities will be affected by the project, aside from irrigation for any new landscaping. Consultant will send an updated “A” letter to verify that there have been no changes in utilities since the 2012 letters. Task 3.5 – Landscape Design (Optional Task) This task is optional, depending on project funding. Task 3.0 Deliverables: · Utility Letters · Utility Certification · Electronic Submittal of 60% intersection design · Electronic Submittals of 90% and 100% PS&E · Response to Comments 4.0 RIGHT-OF-WAY SURVEY AND CERTIFICATION The city will be responsible for obtaining all easements and/or ROW for the project. The city will prepare the ROW Request for Authorization and Certification to submit to Caltrans. Deliverables: · N/A Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D 7 EXHIBIT “C” MILESTONE SCHEDULE Project Schedule – Lions Creek Trails Tasks and Subtasks Start Date End Date Status Notice to Proceed (NTP) 4/16/2025 4/16/2025 1.0 PROJECT MANAGEMENT 4/16/2025 12/3/25 1.1 Project Initiation 4/16/2025 12/3/25 1.1.1 Kick-Off Meeting 4/16/2025 4/16/2025 1.1.2 Preliminary Research and data gather 4/17/2025 4/23/2025 1.1.3 Establish Project Schedule 4/16/2025 4/23/2025 1.2 Project Management 4/17/2025 12/3/2025 1.2.1 Project Management 4/17/2025 12/3/2025 1.2.2 Progress Meetings 4/17/2025 9/03/2025 1.2.3 Schedule Update 4/17/2025 9/3/2025 2.0 ENVIRONMENTAL AND PERMITTING 5/8/2025 9/10/25 2.1 Environmental – CEQA IS/MND Addendum 5/8/2025 7/16/25 Draft IS/MND Addendum 5/8/2025 6/4/2025 Final IS/MND Addendum 6/26/2025 7/16/2025 MMRP 7/3/2025 7/16/2025 2.2 Permitting 7/17/2025 9/10/2025 USACE Determination Request Letter 7/17/2025 9/10/2025 NOI to the Central Coast RWQCB 7/17/2025 9/10/2025 2.3 SCVWD and National Resource Conservation District (NCRS) Coordination 7/17/2025 9/10/2025 PS&E Submittals to SCVWD and NCRS 7/17/2025 7/30/2025 Response to Comments 7/31/2025 9/3/2025 3.0 PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) (60%, 90%, 100% PS&E) 4/17/2025 10/1/2025 3.1 60% Intersection Plans 4/17/2025 5/14/2025 Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D 8 3.2 90% Plans, Specifications, and Estimate (PS&E) 5/29/2025 6/25/2025 3.3 100% Plans, Specifications, and Estimate 9/4/2025 10/1/2025 3.4 Utility Coordination 4/24/2025 5/21/2025 Utility Letters 4/24/2025 5/21/2025 3.5 Landscape Design (Optional Task) 6/26/2025 7/23/2025 4.0 RIGHT-OF-WAY SURVEY AND CERTIFICATION 6/26/2025 10/29/2025 Submit ROW RFA (if needed) 6/26/2025 7/2/2025 Obtain ROW Authorization (if needed) 7/3/2025 7/30/2025 Right of Way Certification 10/2/2025 10/29/2025 5.0 CONSTRUCTION AUTHORIZATION 10/30/2025 12/3/2025 Submit CON RFA 10/30/2025 11/5/2025 Caltrans CON Approval 116/2025 12/3/2025 Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D IDTask ModeTask Name Duration Start Finish Predecessors Successors1Notice to Proceed (NTP)1 day4/16/254/16/258,9FF2Overall Project Schedule166 days4/16/2512/3/2531. PROJECT MANAGEMENT166 days4/16/2512/3/2541.1 Project Initiation6 days4/16/254/23/2551.1.1 Kick-Off Meeting1 day4/16/254/16/256,2461.1.2 Preliminary Research and data gather5 days4/17/254/23/25527,1471.1.3 Establish Project Schedule6 days4/16/254/23/2581.2 Project Management165 days4/17/2512/3/25191.2.1 Project Management165 days4/17/2512/3/251FF101.2.2 Progress Meetings165 days4/17/2512/3/25111.2.3 Schedule Update5 mons4/17/259/3/25122.0 ENVIRONMENTAL AND PERMITTING90 days5/8/259/10/25132.1 Environmental - CEQA IS/MND Addendum50 days5/8/257/16/253514Draft IS/MND Addendum1 mon5/8/256/4/256,24FF+3 wks15FS+3 wks,16,1915Final IS/MND Addendum3 wks6/26/257/16/2514FS+3 wks16FF,18,33,1716MMRP2 wks7/3/257/16/2514,15FF26172.2 Permitting40 days7/17/259/10/25153518USACE Determination Request Letter2 mons7/17/259/10/251519NOI to the Central Coast RWQCB2 mons7/17/259/10/2525,1420SCVWD and National Resource Conservation District (NCRS) Coordination2 mons7/17/259/10/252521PS&E Submittals to SCVWD and NCRS2 wks7/17/257/30/25252222Response to Comments5 wks7/31/259/3/252126233.0 PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) (60%, 90%, 100% PS&E)120 days4/17/2510/1/25243.1 60% Intersection Plans1 mon4/17/255/14/25525FS+2 wks,28FF,14FF+3 wks253.2 90% Plans, Specifications, and Estimate (PS&E)1 mon5/29/256/25/2524FS+2 wks26FS+2 wks,21,29,31,19,20263.3 100% Plans, Specifcations, and Estimate1 mon9/4/2510/1/2525FS+2 wks,22,1633273.4 Utility Coordination20 days4/24/255/21/25628Utility Letters20 days4/24/255/21/2524FF33293.5 Landscape Design (Optional Task)1 mon6/26/257/23/252535304.0 RIGHT-OF-WAY SURVEY AND CERTIFICATION90 days6/26/2510/29/2531Submit ROW RFA (if needed)5 days6/26/257/2/25253232Obtain ROW Authorization (if needed)1 mon7/3/257/30/25313333Right of Way Certification1 mon10/2/2510/29/2528,15,26,3235345.0 CONSTRUCTION AUTHORIZATION25 days10/30/2512/3/2535Submit CON RFA1 wk10/30/2511/5/2533,29,17,133636Caltrans CON Approval1 mon11/6/2512/3/2535MarAprMayJunJulAugSepOctNovDecJanQtr 2, 2025Qtr 3, 2025Qtr 4, 2025Qtr 1, 2026TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressPage 1Project: Lions Creek ScheduleDate: 2/11/25Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D 4835-2267-0361v1 LAC\04706083 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 extra work unless the City authorizes, in writing, the performance of such extra work prior to the performance of the work. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Lions Creek Trail City of Gilroy EXHIBIT C - Lions Creek Trail Fee DBE Utilization HOURS COST HOURS COST HOURS COST 1.0 1.1.67 $13,803.57 67 $13,804 1.2 24 $8,518.46 24 $8,518 1.0 91 $22,322.04 91 $22,493 2.0 2.1 189 $26,823.80 189 $26,824 87 $12,279.78 87 $12,280 33 $4,783.84 33 $4,784 2.2 16 $1,690.31 16 $1,690 2.3 28 $7,562.98 28 $7,563 2.0 353 $53,140.71 353 $53,141 3.0 3.1 127 $18,799.07 43 $6,134.67 170 $24,934 40 $4,425.53 40 $4,426 3.2 184 $24,474.64 11 $1,307.43 195 $25,782 58 $15,637.89 58 $15,638 36 $4,164.41 36 $4,164 14 $2,020.29 14 $2,020 36 $4,164.41 36 $4,164 3.3 96 $12,498.45 6 $716.23 102 $13,215 34 $9,098.79 34 $9,099 28 $3,642.15 28 $3,642 14 $2,020.29 14 $2,020 3.4 22 $2,279.68 22 $2,280 3.0 689 $103,225.60 60 $8,158.34 749 $111,384 1,133 $178,688.35 60 $8,158.34 1193 $186,846.69 $2,683.20$1,847.20 $836.00TOTAL OTHER DIRECT COST TOTAL DIRECT LABOR HOURS Final IS/MND Addendum CEQA IS/MND Addendum Total Task 3 RWQCB SCVWD Coordination Permitting Dewberry Engineers Inc. W.G. Zimmerman Engineering TOTAL 2/13/2025 Preapre MMRP Environmental and Permitting Total Task 1 Draft IS/MND Addendum p Design Prepare 90% PS&E Response to 90% Comments Prepare 100% PS&E Prepare 100% Plans Prepare100% Specs Prepare 100% Estimate Submit 100% PS&E Utility Coordination Prepare 90% Specs Prepare 90% Plans Total Task 2 Prepare 60% Plans Prepare PS&E (90%,100%) Project Management Project Management Prepare 90% Estimate Submit 90% PS&E Quality Control Respond to 60% Comments TOTAL PROJECT COST $180,535.55 $9,116.71 $189,652.26 Task # Task Name Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Lions Creek Trail City of Gilroy EXHIBIT C - Lions Creek Trail Fee . .PIC Dennis HaglanProject ManagerRita MontalvoENGINEER VIISean LewisTECHNICAL ITo Be DeterminedDesigner VIJoe VillaPROFESSIONAL VIIJeff BrayPROFESSIONAL IVChristopher GrahamPROFESSIONAL VIIChrista ReddPROFESSIONAL ITo Be DeterminedPROFESSIONAL ITo Be DeterminedPROFESSIONAL IVTo Be DeterminedPROFESSIONAL IIITo Be DeterminedPRINCIPALTo Be Determined TASK HOURSLabor Cost without EscESCALATIONTASK COSTS .Loaded Rate:$350.73 $252.93 $129.45 $64.51 $240.07 $263.45 $169.28 $258.02 $104.39 $104.39 $179.61 $158.97 $350.73 1.0 1.1.425 30 8 67 $13,639.90 $163.68 $13,803.57 1.2 24 24 $8,417.46 $101.01 $8,518.46 1.0 4 25 30 8 24 91 $22,057.35 $264.69 $22,322.04 2.0 2.1 2.1.1 1 8 32 16 100 20 8 4 189 $26,505.74 $318.07 $26,823.80 2.1.2 141685887 $12,134.17 $145.61 $12,279.78 2.1.3 1842033 $4,727.12 $56.73 $4,783.84 2.2 2.2.1 16 16 $1,670.27 $20.04 $1,690.31 2.3 424 28 $7,473.30 $89.68 $7,562.98 2.0 4 27 12 56 28 194 20 8 4 353 $52,510.58 $630.13 $53,140.71 3.0 3.1 3.1.1 24 55 40 8 127 $18,576.15 $222.91 $18,799.07 3.1.2 416 20 40 $4,373.06 $52.48 $4,425.53 3.2 3.2.1 24 120 40 184 $24,184.43 $290.21 $24,474.64 3.2.2 850 58 $15,452.46 $185.43 $15,637.89 3.2.3 416 16 36 $4,115.02 $49.38 $4,164.41 3.2.4 44 4 2 14 $1,996.34 $23.96 $2,020.29 3.2.5 416 16 36 $4,115.02 $49.38 $4,164.41 3.3 3.3.1 12 60 24 96 $12,350.25 $148.20 $12,498.45 3.3.2 430 34 $8,990.89 $107.89 $9,098.79 3.3.3 416 8 28 $3,598.96 $43.19 $3,642.15 3.3.4 44 4 2 14 $1,996.34 $23.96 $2,020.29 3.4 416 2 22 $2,252.65 $27.03 $2,279.68 3.0 12 168 307 188 6 8 689 $102,001.58 $1,224.02 $103,225.60 .20 220 307 188 12 86 28 208 20 8 4 32 1133 $176,569.51 $2,118.83 $178,688.35 Task # 2/13/2025 Utility Coordination Total Task 1 RWQCB Environmental and Permitting Project Management Final IS/MND Addendum Quality Control CEQA IS/MND Addendum Project Management Prepare PS&E (90%,100%) SCVWD Coordination Total Task 2 Draft IS/MND Addendum Preapre MMRP Permitting Total Task 3 Prepare 90% Specs Prepare 90% Estimate Submit 90% PS&E Response to 90% Comments Prepare 100% PS&E Prepare 100% Plans p Design Prepare 60% Plans Respond to 60% Comments Prepare 90% PS&E Prepare 90% Plans Prepare100% Specs Prepare 100% Estimate Submit 100% PS&E TOTAL DIRECT LABOR Dewberry Engineers Inc. Prime OTHER DIRECT COSTS BEFORE OPTIONAL TASKS (see attached sheet) TOTAL PROJECT COST (BEFORE OPTIONAL TASKS) $1,847.20 $180,535.55 ANTICIPATED SALARY INCREASE BEFORE OPTIONAL TASKS (see attached sheet) Task Name Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Consultant:X Prime Consultant Subconsultant 2nd Tier Subconsultant Project No.Date: DIRECT LABOR 20.0 $120 - $120 $2,400.00 220.0 $82 - $100 $19,038.80 307.0 $36 - $47 $13,597.03 188.0 $18 - $26 $4,149.40 $74 - $98 12.0 $81 - $92 $1,081.68 86.0 $55 - $68 $4,981.12 28.0 $81 - $92 $2,471.84 208.0 $30 - $41 $7,429.18 20.0 $30 - $41 $714.34 8.0 $55 - $68 $491.63 4.0 $48 - $61 $217.56 $117 - $119 $101 - $114 $77 - $90 $64 - $78 $61 - $72 $48 - $60 $42 - $53 $92 - $112 $72 - $93 $66 - $84 $42 - $59 $54 - $62 $40 - $53 $35 - $41 $25 - $39 $34 - $49 $63 - $72 $50 - $67 $39 - $52 1,133.0 $60,412.58 LABOR COSTS a) Subtotal Direct Labor Costs $60,412.58 b) Anticipated Salary Increases (Note 3)$724.95 Optional Anticipated Salary INDIRECT COSTS d1) Fringe Benefits (OFFICE Rate): 58.82% e) $35,962.82 f1) Overhead (OFFICE Rate): 102.13% g) $62,442.81 i) d2) Fringe Benefits (FIELD Rate): 58.77% e) f2) Overhead (FIELD Rate): 78.52% g) i) FIXED FEE k)12% l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost $0.670 $200.00 m) SUBCONSULTANT'S COSTS (add additional pages if necessary) 9,116.71$ 9,116.71$ NOTES: January 2020 2/13/2025 Range o)Facilities Capital Cost of Money (Rate): FCCM [(o) × (c)] Overhead [(c) × (f)] Total Fringe Benefits [(c) × (d)] Gen & Admin [(c) × (h)] 2160 ADMIN PROFESSIONAL V To Be Determined $67.62 ADMIN PROFESSIONAL IV To Be Determined $58.62 ADMIN PROFESSIONAL III To Be Determined $45.19 TOTAL FIXED PROFIT [(c) + (j)] × fixed fee Total Fringe Benefits [(c) × (d)] Overhead [(c) × (f)] h2) General and Administrative (FIELD Rate):Gen & Admin [(c) × (h)] TECHNICAL II To Be Determined $41.27 CADD TECHNICIAN III To Be Determined $46.54 CADD TECHNICIAN II To Be Determined $37.92 CADD TECHNICIAN I To Be Determined $32.36 $61,137.53 $98,405.63 $19,145.18 $10,963.91 $1,447.20 $400.00 $1,847.20 l) TOTAL OTHER DIRECT COSTS $1,847.20 Research Fees Base Project ODC's Subtotal Unit Mile EA2 Contract No.Lions Creek Trail To Be Determined To Be Determined ENGINEER IX ENGINEER VIII PROFESSIONAL IV PROFESSIONAL III PRINCIPAL ENGINEER VII ENGINEER I TECHNICAL I DESIGNER VI PROFESSIONAL VII PROFESSIONAL IV PROFESSIONAL VII PROFESSIONAL I PROFESSIONAL I To Be DeterminedENGINEER VI $35.72 $61.45 $54.39 To Be Determined To Be Determined To Be Determined $118.12 $107.59 $83.67 3. Anticipated salary increases calculation (page 2) must accompany. 4. Pre-approved travel and per-diem costs will be reimbursed in conformance with the current Department of Transportation Travel and Expense Guide for Consultants. $189,652.26 n) TOTAL OTHER DIRECT COSTS INCLUDING 2nd TIER SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (i) + (n)] m) TOTAL 2nd TIER SUBCONSULTANT'S COSTS All costs must comply with the Federal Cost Principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognized agency or accepted by Caltrans. 1. Key Personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). 5. Pre-approved actual costs are competitive prices from appropriate vendors in their respective industries, and supported by receipts. Note: Mark-ups are Not Allowed Dewberry Engineers Inc. EXHIBIT 10-H COST PROPOSAL Page 1 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES) Actual Hourly Rate TotalHoursNameClassification/Title h1) General and Administrative (OFFICE Rate): Description Total $120.00 $86.54 $44.29 $22.07 $82.14 $90.14 $57.92 $88.28 $35.72 Dennis Haglan* Rita Montalvo* Sean Lewis* To Be Determined Jose Villa Jeff Bray* Christopher Graham* Christa Redd* To Be Determined To Be Determined To Be Determined To Be Determined PROFESSIONAL VIII Quantity Subconsultant 1: W.G. Zimmerman Engineering Personal Vehicle $66.65 $53.87 $47.08To Be DeterminedENGINEER II $50.19 CADD TECHNICIAN IV To Be Determined Total c) TOTAL DIRECT LABOR COSTS [(a)+(b)] j) INDIRECT COSTS BEFORE FCCM [(e) +(g) + (i)] PROFESSIONAL II To Be Determined PROFESSIONAL VI PROFESSIONAL V $101.77 $82.26 $75.08 $71.02ENGINEER V ENGINEER IV ENGINEER III To Be Determined To Be Determined To Be Determined $57.75 6. Billing rate = (actual hourly rate)* ((1+ ICR) * (1+ Fee))+(actual hourly rate * FCCM). All costs must comply with the Federal cost principles for reimbursement. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Lions Creek Trail City of Gilroy Escalation Per Year = 4.00%EXHIBIT C - Lions Creek Trail Fee 2/13/2025 Percentage Complete  Each Year 1.0 1.1. 70% 30% 100.00% $13,639.90 $163.68 $13,803.57 1.20 70% 30% 100.00% $8,417.46 $101.01 $8,518.46 #REF! 2.0 2.10 70% 30% 100.00% 2.1.1 70% 30% 100.00% $26,505.74 $318.07 $26,823.80 2.1.2 70% 30% 100.00% $12,134.17 $145.61 $12,279.78 2.1.3 70% 30% 100.00% $4,727.12 $56.73 $4,783.84 2.20 70% 30% 100.00% 2.2.1 70% 30% 100.00% $1,670.27 $20.04 $1,690.31 2.30 70% 30% 100.00% $7,473.30 $89.68 $7,562.98 2.0 3.0 3.10 70% 30% 100.00% 3.1.1 70% 30% 100.00% $18,576.15 $222.91 $18,799.07 3.1.2 70% 30% 100.00% $4,373.06 $52.48 $4,425.53 3.20 70% 30% 100.00% 3.2.1 70% 30% 100.00% $24,184.43 $290.21 $24,474.64 3.2.2 70% 30% 100.00% $15,452.46 $185.43 $15,637.89 3.2.3 70% 30% 100.00% $4,115.02 $49.38 $4,164.41 3.2.4 70% 30% 100.00% $1,996.34 $23.96 $2,020.29 3.2.5 70% 30% 100.00% $4,115.02 $49.38 $4,164.41 3.30 70% 30% 100.00% 3.3.1 70% 30% 100.00% $12,350.25 $148.20 $12,498.45 3.3.2 70% 30% 100.00% $8,990.89 $107.89 $9,098.79 3.3.3 70% 30% 100.00% $3,598.96 $43.19 $3,642.15 3.3.4 70% 30% 100.00% $1,996.34 $23.96 $2,020.29 3.40 70% 30% 100.00% $2,252.65 $27.03 $2,279.68 3.0 $2,118.83 $178,688.35 $178,688.35 7/1/24 ‐  6/30/25 7/1/25 ‐  6/30/26 7/1/26 ‐  6/30/27 7/1/27 ‐ 6/30/28 7/1/28 ‐  6/30/29 Project Management Task # RWQCB SCVWD Coordination Environmental and Permitting CEQA IS/MND Addendum Draft IS/MND Addendum Preapre MMRP Permitting TOTAL ESCALATION COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Project Management Quality Control Task Name Total (Must =  100%) Final IS/MND Addendum Prepare 90% Plans Prepare 90% Specs Prepare 90% Estimate Submit 90% PS&E Response to 90% Comments Prepare 100% PS&E  Prepare 60% Intersection Desi Prepare 60% Plans Respond to 60% Comments Prepare 90% PS&E Prepare PS&E (90%,100%) Prepare 100% Plans Prepare100% Specs Prepare 100% Estimate Submit 100% PS&E Utility Coordination Pre‐Escalation  Task Cost Escalation Escalated Cost (based on % complete) TOTAL PROJECT COST WITH ESCALATION Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Certification of Direct Costs: Jose Villa 82 Prime Consultant or Subconsultant Certifying: Name: Title*: Signature:2/13/2025 Email: Phone Number: Address: List services the consultant is providing under the proposed contract: January 2020 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 I, the undersigned, certify to the best of my 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 the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Dennis Haglan Vice President Transportation Design, Environmental Studies Date of Certification (mm/dd/yyyy): dhaglan@dewberry.com (916) 363-4210 11060 White Rock Road, Suite 200 | Rancho Cordova, CA 95670 *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Lions Creek Trail City of Gilroy EXHIBIT C - Lions Creek Trail Fee .PIC/PM, Bill ZimmermanQA/QC, Christopher CorderoProject Engineer, Antonio MaganaSenior Design Engineer, Johnny BuiSenior Design Engineer, Eric ChoeLabor Cost Without Esc..$237.60 $207.90 $124.74 $116.69 $120.57 3.0 3.1 3.1.1 7 2 10 22 2 43 $6,134.67 $6,134.67 3.1.2 3.2 3.2.1 27211 $1,307.43 $1,307.43 3.2.2 3.2.3 3.2.4 3.2.5 3.3 3.3.1 24 6 $716.23 $716.23 3.3.2 3.3.3 3.3.4 3.4 3.0 7 2 14 33 4 60 $8,158.34 $8,158.34 .7 2 14 33 4 60 $8,158.34 $8,158.34 $836.00 $122.38 $9,116.71 W.G. Zimmerman Engineering Signal Modification Task # TASK HOURSTASK COSTSTask Name Prepare 60% Intersection Design Prepare 60% Plans Respond to 60% Comments Prepare 90% PS&E Prepare 90% Plans Prepare 90% Specs Prepare PS&E (90%,100%) Prepare 100% Estimate Submit 100% PS&E Utility Coordination Prepare 90% Estimate Submit 90% PS&E Response to 90% Comments Prepare 100% PS&E Prepare 100% Plans Prepare100% Specs Total Task 3 ANTICIPATED SALARY INCREASE TOTAL DIRECT LABOR HOURS OTHER DIRECT COSTS (see attached sheet) TOTAL PROJECT COST Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Consultant: Prime Consultant X Subconsultant 2nd Tier Subconsultant Project No.Date: 2/13/2025 DIRECT LABOR 7.0 $630.00 2.0 $157.50 14.0 $661.50 33.0 $1,458.60 4.0 $182.68 60.0 $3,090.28 LABOR COSTS a) Subtotal Direct Labor Costs $3,090.28 b) Anticipated Salary Increases (Note 3)$46.35 Optional Anticipated Salary INDIRECT COSTS d) Fringe Benefits (Rate): e) f) Overhead (Rate): 140.00% g) $4,391.29 h) i) FIXED FEE k)10% l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost $436.00 $400.00 m) SUBCONSULTANT'S COSTS (add additional pages if necessary) NOTES: January 2020 Optional ODC's Subtotal Base Project ODC's Subtotal $836.00 Consultants. 5. Pre-approved actual costs are competitive prices from appropriate vendors in their respective industries, and supported by receipts. TOTAL COST [(c) + (j) + (k) + (n)] $9,116.71 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 costs must comply with the Federal Cost Principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognized agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. 4. Pre-approved travel and per-diem costs will be reimbursed in conformance with the current Department of Transportation Travel and Expense Guide for m) TOTAL 3rd TIER SUBCONSULTANT'S COSTS n) TOTAL OTHER DIRECT COSTS INCLUDING 3rd TIER SUBCONSULTANTS [(l) + (m)] $836.00 Subconsultant 3: Subconsultant 4: l) TOTAL OTHER DIRECT COSTS $836.00 Subconsultant 1: Subconsultant 2: Day EA Sub (Counts Unlimited Fee) 1 EA $400.00 EA Mile TOTAL FIXED PROFIT [(c) + (j)] $752.79 Description Quantity Unit Total Expenses 1 EA $436.00 c) TOTAL DIRECT LABOR COSTS [(a)+(b)]$3,136.63 Total Fringe Benefits [(c) × (d)] Overhead [(c) × (f)] General and Administrative (Rate): Gen & Admin [(c) × (f)] j) TOTAL INDIRECT COSTS [(e) +(g) + (i)] $4,391.29 Total $45.67Senior Design Engineer Eric Choe QA/QC Christopher Cordero $78.75 Project Engineer Antonio Magana $47.25 Senior Design Engineer Johnny Bui $44.20 EXHIBIT 10-H COST PROPOSAL Page 1 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed W.G. Zimmerman Engineering PIC/PM Bill Zimmerman Contract No. Classification/Title Name Hours Actual Hourly Rate Total $90.00 Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract Rate Duration $3,090.28 =$51.50 Year 1 Avg Hourly Rate Avg Hourly Rate Year 1 $51.50 + = $54.08 Year 2 Avg Hourly Rate Year 2 $54.08 + = $56.78 Year 3 Avg Hourly Rate Year 3 $56.78 + = $56.78 Year 4 Avg Hourly Rate Year 4 $56.78 + = $56.78 Year 5 Avg Hourly Rate Total Hours per Year Year 1 70.00% * = 42.0 Estimated Hours Year 1 Year 2 30.00% * = 18.0 Estimated Hours Year 2 Year 3 * = Estimated Hours Year 3 Year 4 * = Estimated Hours Year 4 Year 5 * = Estimated Hours Year 5 Total 100% = 60.0 Year 1 $51.50 *=$2,163.20 Estimated Hours Year 1 Year 2 $54.08 *=$973.44 Estimated Hours Year 2 Year 3 $56.78 *=Estimated Hours Year 3 Year 4 $56.78 *=Estimated Hours Year 4 Year 5 $56.78 *=Estimated Hours Year 5 =$3,136.63 =$3,090.28 = $46.35 Transfer to Page 1 NOTES: ꞏ This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. ꞏ An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) ꞏ This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. January 2020 Estimated total of Direct Labor Salary Increase (calculated above) (calculated above) Total Direct Labor Cost with Escalation Direct Labor Subtotal before Escalation 42.0 18.0 60.0 60.0 60.0 60.0 60.0 Total 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year 60 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) EXHIBIT 10-H COST PROPOSAL Page 2 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Direct Labor Subtotal Total Hours W.G. Zimmerman Engineering Completed Each Year per Cost Proposal 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours Proposed Escalation 5.00% 5.00% per Cost Proposal per Cost Proposal Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D T6-23-CPFCDS-HI Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D 4/29/2025 City Administrator Jimmy Forbis T6-23-CPFCDS-HI Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Jimmy Forbis 4/29/2025 City Administrator SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY of Marsh USA LLC X GAWP 37540 5,000,000 N/A X (INSURED CONTRACTS) 25615 V11B5E241501 A X 5,000,000 07/01/2025 X Travelers Property Casualty Co. Of America PROFESSIONAL LIABILITY CN102736896-7/1-1.1a-24-25 X 1,000,000 25658 Ashley Oliver 07/01/2025 CLE-007327163-01 07/01/2024 X 5,000,000 02/26/2025 X 2 1,000 5,000,000 1,000,000 1,000,000 B Ashley.Oliver@marsh.com 07/01/2025 07/01/2024 07/01/2024 25674 810-1N788974-24-43-G PER CLAIM/AGGREGATE 10,000 UB-6P972264-24-43-G RETRO. DATE: FULL PRIOR ACTS 1,000,000 CITY OF GILROY, ITS OFFICERS, REPRESENTATIVES, AGENTS AD EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY. WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT. CONTINUED ON ACORD 101 RE: DEWBERRY PROJECT/JOB/PLN # 50186279. BU2310; LIONS CREEK TRAILS ENGINEERING SERVICES FOR THE LIONS CREEK TRAILS CIP 800270 AND 800280. Beazley Insurance Company, Inc. 100 OCEANGATE, SUITE 400 DEWBERRY ENGINEERS INC. LONG BEACH, CA 90802 1,000,000 The Charter Oak Fire Insurance Company X 1050 CONNECTICUT AVENUE, SUITE 700 MARSH USA, LLC. WASHINGTON, DC 20036-5386 P-630-7792B312-COF-24 The Travelers Indemnity Company Of America N 7351 ROSANNA STREET GILROY, CA 95020 CITY OF GILROY ATTN: SHAUN WRIGHT 07/01/2024 C N/A 2,000,000X COMP / COLL DED: 410 347 3631 CONTRACTUAL INS. COV. X D 07/01/2025 X Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: MARSH USA, LLC.� INSURER WILL PROVIDE 30 DAYS WRITTEN NOTICE TO CERTIFICATE HOLDER. PROFESSIONAL LIABILITY COVERAGE EVIDENCED ABOVE, IF THIS POLICY IS CANCELLED BY THE INSURER, OTHER THAN FOR NON-PAYMENT OF PREMIUM, THE � CONTINUED FROM DESCRIPTION OF OPERATIONS: � AS RESPECTS THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS’ COMPENSATION COVERAGES EVIDENCED ABOVE, NOTICE OF CANCELLATION 2 Washington Certificate of Liability Insurance25 WILL BE PROVIDED BY THE INSURER(S) TO THE CERTIFICATE HOLDER PER THE ATTACHED AS REQUIRED BY WRITTEN CONTRACT. AS RESPECTS THE 100 OCEANGATE, SUITE 400� DEWBERRY ENGINEERS INC.� LONG BEACH, CA 90802 2 CN102736896 Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D Docusign Envelope ID: 37266585-546B-4FFE-84C1-748D6D4C091D