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NV5, Inc. - 2014 Agreement - Amendment No. 3t [y" t AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND NV5, Inc. for Swanston and Casey Water Main Replacement Project DATED November 26`h, 2014 AMENDMENT NO.3 This Amendment shall become effective when it has been signed by the City Administrator, Project Manager, and Consultant. All copies forwarded to Consultant for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Consultant's copy will be returned to him as his authority to proceed with the work. As per the attached proposal, this amendment is for additional construction support for Swanston and Casey Water System Improvements, in an amount not to exceed $12,266.00. All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by this Amendment. The contract time shall not extend unless expressly provided for in this Amendment. NV5, Inc. hereby agrees to perform the above work subject to the terms of this Amendment for additional construction support as stated in scope of services attached for Project No. 15 -PW -222. Consultant: V5, Inc. Y Parag Mehta, Senior Vice President Date l I.. A . i4 ACCEPTED: R'112 f 19 City rtent -44d� Date 113 /?-4:fI S City Administrator Date Proposal for Permitting and Construction Support Services Swanston /Casey Water System Improvements The City of Gilroy has an existing agreement with NV5 to provide surveying and design services for the Swanston and Casey Water System Improvements project. The scope of services in the March 2014 agreement includes the following tasks: • Task 1: Project Management • Task 2: Preliminary Investigation and Refinement of Conceptual Plans • Task 3: Schematic Design Development /Construction Documents • Task 4: Post - Construction Services The scope of services in the March 2014 agreement excluded permitting and construction support services. Because the City would like to extend the proposed water main replacement at Casey Lane to connect to the existing water main in Monterey Street, a new pipeline crossing under the Union Pacific Railroad (UPRR) tracks will be required. Monterey Street is part of the California State Highway, State Route 152 (SR 152, and construction in Monterey Street will require an encroachment permit from and coordination with Caltrans. In addition, construction of the water main improvements in Leavesley Road, also a portion of SR 152, will require coordination with Caltrans for encroachment permitting. Task 5 specified below is a proposed amendment to the previous scope of services. A proposed fee is attached. In addition, the City would like engineering support during construction of the improvements. Task 1A includes meeting attendance during construction and Task 6 includes review of RFIs, submittals, and construction change orders. Task 5: Permitting Support This task includes assistance with completing UPPR crossing and Caltrans encroachment permit applications associated with the construction of the Swanston /Casey water systems improvements. NV5 will contact UPRR and Caltrain to determine design and permitting requirements for the extension of the Casey Lane waterline to Monterey Street. We will prepare any figures, and complete forms detailing the crossing as required by the agencies, then forward the documentation to the City for final submittal. Any fees associated with the UPRR permit application will be paid by the City. In addition, because both Monterey Street and Leavesley Road are part of SR 152, NV5 will coordinate with the City and Caltrans to obtain an encroachment permit for the construction to be completed within the Caltrans right of way. Any fees associated with the encroachment permit application will be paid by the City. NV5, Inc. 12/2/14 Task 1A: Project Management/Construction Support . Meetings This task will include preparation of monthly invoicing and meeting attendance for construction support. All meetings include attendance by the NV5 project engineer. The following meetings are anticipated as a part of this task: • Site visit /project coordination meeting • Final project walk - through to develop the punch -list Task 6: Construction Support This task includes reviewing and approving submittals, reviewing requests for information, and reviewing construction change orders. The following level of effort is anticipated: • Review of up to five RFIs • Review of up to nine submittals • Review of up to two construction change orders (Optional) Task 7: Permitting Meeting with Caltrain It is anticipated that permitting coordination will be accomplished through telephone and email correspondence. Should the need for a face -to -face meeting with Caltrain arise, this optional task would include meeting attendance. NV5, Inc. 12/2/14 City of Gilroy FEE FOR PERMITTING AND CONSTRUCTION SUPPORT SERVICES - Swanston /Casey Water System Improvements Task Description March 2014 FEE - Total for Tasks 1-4 5 Permitting Support Engr Manager $198 1 Sr Engineer $160 2 4 Aest Engineer $125 8 16 CADD $105 1 Project Assistant $90 2 2 Total NV5 Hours -- 13 24 Total NV5 Fee $1,698 $3,123 Direct Expenses Total Project Fee $36,584 $100' $100 $1,698 $3,223 $4,92. CaltransEncroachmentPermitting UPRR/CaltrainCrossin Permitting SUBTOTAL: Task 5 2 6 24 1 4 37 $4,821 1A Project Management/ Construction Support Meetings monthly invoicing and status reports $820 _ _4 4 5 4 4 8 18 0 2 6 $820 $500 1 $500 Site visit/construction coordination meeting 4 4 2 14 $40 $540 Final Project walk- through $40 $540 SUBTOTAL: Task 1A Summit 0 $1,820 $3,230 $3,230 2 25 Submittal Review 9 RFI Review 5) _ Construction Change Orders 2 2 5 2 9 $1,125 $1,125 1 6 2 9 $1,090 $1,090 - - SUBTOTAL: Task 6 0 8 49 6 43 '—$5-,-4W9-J $0 $5,445 Subtotal for Tasks 5, 1A and 6 Total FEE ESTIMATE for Tasks 1 -6 $12,266 $4800 7 (Optional)_ Permitting Meeting with Caltrain $1 N V 5, I nc. 12/2/2014 A`�oR fJ CERTIFICATE OF LIABILITY INSURANCE DATE {!AlAIDONM) 3/20/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CGNFERRS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTWCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEOR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: N the certificate holder is -an ADDITIONAL INSURED, the policyOes) must be endorsed. N SUBROGATION IS WANED, subject to the tens and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to. the certificate. holder In lieu of such endorsomen s). PRODUCER Cavignac .& Associates 450 B Street, Suite 1800 San Diego, CA 92101 -8005 License No. OA99520 _ Certificate Department PHONE'. FAX - 619- 234 =6848 N 6T9- 234 -8601 Wg - certificatesecavi c,.com 1 AFF I ORDING COVERAGE NAIC0 IN9URSR A : -_ UNITS INSURID 17V5 Global, Inc. 15070 Avenue of Science, Suite 100 San Diego, CA 92128 United States — INSURI7t a: INSURERc: HUDSON INS CO 25054 INSURER D: 5/1/2014 INSURER E: ,$ 1,000,000 INSURER F $ 1,0001000 COVERAGES CERTIFICATE NUMBER:2SS172 REVISION NUMSER:260959 TEAS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE :FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE';MAY BE ISSUED OR MAY PERTAIN,. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONPMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM§. - III= TYPE OF INSURANCE CM SLUM i POLICY NUMBER POLICY EFF POLICY EX Y UNITS B GENERALLIABILITY 6806B97547A 5/l/2013 5/1/2014 EACH OCCURRENCE ,$ 1,000,000 $ 1,0001000 X COMMERCIAL GENERAL UABILRY CClMS MADE a OCCUR MED EP oe $ 10,D00 PERSONAL&ADV,INJURY . $ .1:,000,000 X Cross Liab /Sev of Int X GENERAL AGGREGATE $ 2 „'000;.000 GEMI: AGGREGATE LIMIT APPLIES PER: PRODUCTS = .COMProP AGG S 2., _0 0 0 y 006 - - - Pao- POLICY _X - - - LOC - e Deductib- l - -- - 11. _ 0 - AUTOMdilid!LLABWTY - SA68774609 7/1/2013 5/1/2014 COMt31NED1 LIMIT 1,000,000 X BODILY INJURY (Per persm) $ ANY AUTO AAUUTOS N� AAUUTTOS BODILY'NJURY'(Fir ecadeM) $ PROPERTY DAMAGE S HIRED AUTOS ANj "WNM UMBRELLA LIAB OCCUR EA04 OCCURRENCE $ AGGREGATE S...._. __ .. LL42 CLAIMSA%DE DED RETENTION _.S - A M oR11W P"PENSATIOI/ AND EMPLOYERVLIABILITY YIN ANY 0R0PRIET0WPARTkER0E,(ECUTNE[D OFFICE"EMBER EXCLUDED? N I A UB3893T34A 5/1/2013 5/1/2014 WC STATU 0TH- X EL - E.L. EACH ACCIDENT $ ' 1.:0.00, 000. E.L DISEASE - EA EMPLOYEE. S' 11000,000 (wandatbry'in MH) I�f yyeeaa.� d�ma_ibevndm DESCRIPTION” OF OPERATIONS bskm E.L.DISEASE- POUCYLIMIT I S 11000,000 C Professional Liability 7246003 /1/2013 5/1/2014 Ea. Claim $5,000,000' I Aggreg $10,000,000 - DESCRIPTION OF OPERATIONS ! LOCATIONS !VEHICLES (Attach ACORD 101, Additlonal Remarks Sehadrde, H more apace N requked) Re: Waterline Agreement for Services: Additional insured coverage applies to General Liability for City of Gilroy, its officers, representatives, agents and employees per policy form' Prof. Liab. - Claims made, defense costs included within limit, Pollution Liability included per policy form #ADI0510002. Professional Liability Retroactive Date:. 1/1/1949. Cavignac & Associates will provide 30 days notice of cancellation to the Certificate Holder in the event of policy cancellation.. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVEREb IN ACCORDANCE WRH THE POLICY PROVISIONS. W. Cavignac ®'1988&2010.ACORD CORPORATION: All riahts ACORD 25 (2010105) The ACORD name and logo are registered.marks of ACORD EXIGI8 - CAVIGNAC & ASS061ATES 280959 0— 1 ni A POLICY NUMBER: 6806B97547A COMMERCIAL GENERAL LIABILITY DATE ISSUED: 5/1/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Gilroy its officers, representatives, agents and employees PROJECT/LOCATION OF COVERED OPERATIONS: Waterline Agreement for Services.. PROVISIONS A. The following is added to WHO IS AN . 'INSURED (Section 11): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a.. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard ".. Such person or organization does not qualify as an additional insured for "bodily injury", "property damage ", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services ". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance° to provide for that additional insured, or the limits shown in the Declarations for this coverage part, whichever are less.. This endorsement does not increase the limits of insurance stated in the CG D3 82 09 07 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material d Insurance services Office, Inc., with its permission Dorm 9 ,d 0 LIMITS OF INSURANCE (Section 111) for this coverage part. B. The following is added to paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However,. if you specifically agree in a °contract or agreement requiring insurance° that, for the additional insured shown in the Schedule, the . insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary. and non - contributory basis, this insurance is primary to other insurance that is available to suchr additional to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that °contract or agreement requiring insurance" for, such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for °bodily injury", °property damage" or 6personal injury' arising out of "your work" on or for the project, or at the Location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance ". with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury' or "property damage° occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that any contract or agreement under which you are required to include the person or organization shown in the Schedule. as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed. a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 0907 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance services Office, Inc., with its permission 0—AniA POLICY NUMBER: 6906&97547A COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Uz Section Il - Who Is An Insured is amended to in- dude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A, In the performance of your ongoing operations; or B. in connection with your premises owned by or rented to .you. CG 20 26 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 O