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MNS Engineers - 2014 Agreement - Amendment No. 1 (15-PW-215)AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND MNS Engineers Inc. FOR Eigleberry Street Water Service and Water Main Replacement Project 15 -PW -215 DATED: October 22, 2014 AMENDMENT NO. 1 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. Provide additional project management services for the Eigleberry Street Water Services and Water Main project. MNS has provided services to the referenced project that extended beyond the original project scope and schedule due to the City's decision to install an additional 790 if of 8" waterline along Eigleberry Street from 7"' to 8 " Street. This extra work required MNS to expend additional man hours in the performance of its construction management duties. This Amendment extends the term of the Agreement for Services between the City of Gilroy and MNS Engineers dated October 22, 2014 to March 1.5, 2015. (for this portion of the contract only) 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. MNS Engineers Inc. hereby agrees to perform the above work subject to the terms of this Amendment for additional project and construction management services. Consultant: MNS Engineers, Inc. By T -> 2.:: Wilhelm R. Nowo y, Principal Construction Manager Date February 20, 2015 ACCEPTED: 2/Z3 IS Pro r Date en ea ate tv Administr or Date CONSTRUCTION MANAGEMENT SERVICES EIGLEBERRY STREET WATER SERVICE AND WATER MAIN REPLACEMENT PROJECT 15 -PW -2115 CITY OF GILROY,, CALIFORNINA Contract Amendment No. 1 20- Feb -15 Pre - Construction Construction Closeout Construction I Ken Shaner 2014 Materials Testing Pacific, Crest lAddiitonal Compaction Testing Direct Expenses None - Per diem and housing costs incurred by 6th Street project I$ - Materials Testing Pacific, Crest lAddiitonal Compaction Testing ACORN CERTIFICATE OF LIABILITY'INSURANCE DATE pawoom _1 Oil 3r2014 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. IMPORTANTt If the eartitieate holder is an ADDITIONAL INSURED, the Poliey(iesj must be endorsed: B SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PwDUcER Risk Strategies COmpan Risk ies.Company 2040 Main Street, Suite 450 Irvine, CA 92614 Ax 949- 242 - 9240 Ne: eyounaftrisk-strateales.com INSUREIIIiSl AFFORDING COVEUGE NAIL 4 6/14/2015 INSURER A: Travelers Indemnity Co. of CT 25682 wwwAsk- stmtegies.com CA DO[ License No. OF06675 INSURED MNS Enggineers, Inc. 201 N. Calle Cesar Chavez, Suite 300 INSURER e,: Travelers Property Casualty Co. of America 25674 INsuRERC: Continental Casualty Coma 20443 INSURER D: Santa Barbara CA 93103 INSURER E: GENL AGGREGATE LIMIT APPLIES PER: POLICY ✓❑ jECOT- LOC O E GENERAL AGGREGATE INSURER-P.•- PRODUCTS- COMPIOPAGO :S $2,000,000 COVERAGES CERTIFICATE NUMBER: 21979940 REVISION NUMBER THIS iS. TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WFhCH THIS CERTIFICATE MAY BE 'ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. 1�SR TYPE of INSURANCE EXPIRATION DATE THEREOF, NOTICE UYILL 86 DELIVERED IN Gilroy CA 95020 POLICY NUMBER M POLICY EXP LIMITS A ccbMQtcinLdF LiAsurnr CLAIMS -MADE © OCCUR ✓ 6802217LB95 6/142014 6/14/2015 EAaI occursRENr� - s $1,000,000 PREMISES fEa oCcurrerlcel S $1,000,000 MED EXP (Any one paw+ ) S x10,000 PERSONAL 8 ADV INJURY S $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY ✓❑ jECOT- LOC O E GENERAL AGGREGATE S $2,000,000 PRODUCTS- COMPIOPAGO :S $2,000,000 f A AuTomoalLE ✓ ✓ LIABILITY ANY AUTO ALL OV51ME0 SCHEDULED HIRED AUTOS �/ NON-OWNED AUTOS ✓ BA222OL967 6/142014 6/14/2015 NED SINOLrU7ff— Me Boman S $1.000.000 BODILY INJURY (Per person) S BODILY KLRY'(PeraccMem 'i PROPERTY DAMAGE S B UMBRELLALWB EXCESSLWa OAR CLAIMS4AADE CUP6512Y975 6/142014 6/14/2015 EACH OCCURRENCE - -- $5.000000 AGGREGATE S $5,000,000 DED- S B woR as eoMPEf+sAnoN MID EMPLOYERS' LIABILITY PRI ANY PROETORIPARTNERIEXECUTIVE Y OF-FICERIMEMBER EXCLUDED? i(Mandatory 0 _NKI Ifyas describe under DESCRIPTION OF OPERATIONS belay NIA, 118324OT745 611412014 .6/14/2015 PER 0TH LL EACH ACCIDENT S $1.1000,000 L. E. EA EMPLOYEE S $1,000,000 E:L. DISEASE- POLICY'LIMIT' S $1,000,000 C Professional Liability C 5591876489 6/142014 9142015 $2,000,000 Per 'Claim $2;000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addldonal Remarks Schedule, may be sta hed N more space is r"Wreo Projects as on file with the insured including but not limited to On -Call Services (6th Street Improvements, LED Trail Lighting, LED Upgrades, and Fiber Optic Repair- ProjectNo. 15-PW -216; and Eiglebeny Water Service and Water Main.Replaeement PM' Ct – Prolect No. 155-- PPYWV216). City of Gilroy, its officere,.elected orappointed officials, employees, agenffi and volunteers are named as addluonal Insureds on the general & auto liabiClty polices. General Liabiiityinsurance is Primary and non - contributory. The above policies contain a 3D-day notice provsion for non - renewal & Cencellatlon, 10-day notice for non - payment o /premium. CERTIFICATE. HOLDER CANCELLATION C'(� of Gilroy SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 7351 Rosanna St. EXPIRATION DATE THEREOF, NOTICE UYILL 86 DELIVERED IN Gilroy CA 95020 ACCORDANCE WITH THE POLICY PR- OVISIONS. AUTHORED REPRESENTATIVE Mike Christian ®1988.2014 ACORD CORPORATION. All right's reseived. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD . CERT NO.: 21979940 ahcM Young .10/13/2014 2:37:33 PH (PDT) Page l of 6 Insured: MNS Engineers, Inc. Policy No.: 68022171-895 Effective Date: 6/14/2014 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS) OR ORGANIZATION(S): City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers PROJECT/LOCATION OF COVERED OPERATIONS: On-Call Services (6th Street Improvements, LED Trail Lighting, LED Upgrades and Fiber Optic Repair - Project No. 15-PW- 218; and Eigleberry Water Service and Water MaN Replacement Project — Project No. 15 -PW -2 6). PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): 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: limits shown in the Declarations for this Coverage Part, whichever are less.. This endorsement. does not increase the .limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following Is added to 'Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IW 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 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 d. This insurance does not apply to the is 'sought arises out of an offense rendering of. or failure to render any committed; "professional services ". after you have entered into that "contract or e. The limits of insurance . afforded to the agreement requiring insurance" for such additional insured shall be the limits additional insured. But this insurance still is which you agreed in that "contract or excess over valid and collectible other agreement requiring insurance" to insurance, whether primary, excess, provide for that additional insured, or the contingent or on any other basis, that is CG D3 82 09 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,, with its permission. CS.AT NO., 21979960 Sherry Young 10/13/2014 2.37.33 PH (PDT) Page 2.ot 6 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 "personal '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 1):. "Contract or agreement requiring insurance" means that part of 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 09 07 m 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERT NO., 21979940 Sherry Young 10117/2014.2.37,]) PM (PDT) Page 3 of 6 Page 2 of 2 Insured: MNS Engineers, Inc. COMMERCIAL AUTO Policy No. BA222OL967 Effective Date:6 /1412014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT Person or Organization: City of Gilroy, Its officers, elected or appointed officials, employees, agents and volunteers This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an. endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions,of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO; VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT C. EMPLOYEES.AS INSURED 1. WAIVER OF DEDUCTIBLE -GLASS D. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage' occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while J. PERSONAL EFFECTS K. AIRBAGS L AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". C. EMPLOYEES AS INSURED The .following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: CA T4 20 0710 02010 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with its permission. CEBT So.: 11979940 Sherry Young 10/13/2014 213703 PM (PDT) Page 4 of 6 Page 1. of 3 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in .your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS 1. The following replaces Paragraph A2.a.(2) of SECTION II- LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces .Paragraph A.2.a.(4) of SECTION 11- LIABILITY COVERAGE: (4) All reasonable expenses incurred by the insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION 1- COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Coverage .is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss'; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical . condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (ry This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND OATA .ELECTRONIC EQUIPMENT - INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III - PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION 111 - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which. are: (1) Owned by an "insured ", and (2) In or on your covered "auto ". This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects cover- age. Page 2 of 3 02010 The Travelers Indemnity Company. All rights reserved. CA T4 20 0710 . Includes copyrighted material of Insurance Services Office, Inc. with its permission. CERT NO.: 21979940 sherry Young 10/12/2014 2:17:11 PM (PDT) Page 5 of 6 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A 1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage, is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto'; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph AS., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" of "loss ", pro- vided that the "accident" or "foss" arises out of the operations contemplated by such con- tract The waiver applies only to the person or organization designated In such contract. CA T4 20 0710 ®2010 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. GERT ND.: '21979940 Sherry Young 10/13/2011 2:37:33 PM (PDT) Page 6 of 6 Page 3 of 3