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HomeMy WebLinkAboutNova Partners - 2012 Agreement for On-Call Construction Management - Amendment No. 2AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND NOVA PARTNERS, INC FOR ON -CALL CONSTRUCTION MANAGEMENT SERVICES DATED AUGUST 6, 2012 AMENDMENT NO. 2 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. This Amendment extends the term of the Agreement for Services between the City of Gilroy and NOVA PARTNERS, INC, dated AUGUUST 6, 2012 to JUNE 30, 2015. The scope of work authorized includes Construction Management support to the Engineering Division for the demolition of the alteration of the Arts Building at 7341 Monterey Street to expand allowable occupancy - See attached scope of work and fee. 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. Nova Partners, Inc hereby agrees to make the above changes subject to the terms of this Amendment for ongoing construction management services. ACCEPTE 7 NOVAPARTNERS INCORPORATED July 20, 2012 Rick Smelser, P.E. Director or Public Works, City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Subject: Project Management Services Re: Assessment of 7341 Monterey Street Dear Mr. Smelser: Nova Partners, Inc. is pleased to present this proposal for assessment services of 7341 Monterey St. (Arts building). It has been a pleasure working with the City on the Gilroy Community Library assignment and subsequent projects and we appreciate the opportunity to be of continued assistance to ensure the successful execution and evaluation of these projects. Assessment of 7341 Monterey St. We understand this assignment to include a basic review of the building with the interest being to evaluate the requirements to increase the occupancy level to an A -1 assembly rating. We will engage sub - consultants to assist in code evaluation for this assessment and anticipate consulting with the City Building Department and Fire Department to determine what is needed to achieve this rating. This proposal includes a review of the existing structure and preliminary cost estimating to aid in upgrade analysis. Scope of Work Pursuant to our discussions, below is a summary of our proposed scope. 1. Engage structural and architectural expertise to evaluate the building. 2. Provide cost estimating and recommendations for the proposed upgrade. 3. Coordinate among project team members and ensure that all members are providing timely and thorough response to issues. 4. Monitor the schedule to confirm the milestone dates are being met. Actively guide all members of the project team to ensure project success. 5. Work with the team to resolve identified field problems and other issues during construction. 6. Provide response on the Owner's behalf to inquiries and action items resulting from jurisdictional oversight, Building /Planning, etc. Construction Project Management and Real Estate Development Services 855 El Camino Real, Suite 307 Palo Alto, CA 94301 tel 650.324.5324 fax 650.324.5327 www.novapartners.com Project and Construction Management Services July 20, 2012 7341 Monterey Street We will serve as your representative, problem solver, and advocate throughout the project and provide the necessary effort and support to ensure the project is being executed in a timely and cost - effective manner. Schedule and Compensation We propose to provide the Scope of Work as described above for the improvements for a total fixed fee of $9,265 as more clearly defined below. Please note that these amounts do not include any soft cost contingency, as you know we suggest carrying a minimum of 5% soft cost contingency on projects of this scope. As we are not managing the overall project budgets at this juncture we want to make sure you have this covered. We will invoice monthly corresponding to the approximate completion status of the work. Based on the current schedule, we estimate this study to be completed in early August. Assessment of 7341 Monterey St. — Art's Buildin Scope Labor Duration Estimated Hourly Extended Category wks Hours Rate Rate Task 1— Dec.2011 Pre Construction Phase PM 4wks 24 150 3,600 Reimbursable Imo 6hr/Wk 500 500 SUBTOTAL LABOR 3,600 Structural Engineering BCA 4,500 Sub - Consultant Mark up (7 %) 665 REIMB. 500 GRAND TOTAL NOT TO EXCEED PRICE $9,265 If for any reason the assessment needs are significantly shortened or extended relative to this we will be happy to work with you to develop a revised arrangement. Beyond this arrangement, we do not anticipate any significant reimbursable expenses other than document copying and printing which we have included. Should any other reimbursable expenses be required, we will obtain your specific advance approval and invoice those expenses at cost plus a 7% administrative fee upon submission of a paid invoice. As discussed, we are very flexible with the services we provide and are confident that we can develop the right level of service for your project, timing, and budget. Project and Construction Management Services 7341 Monterey Street July 20, 2012 Thank you for the opportunity to assist you on this project. If this proposal is acceptable, please use this proposal as an attachment to the Cities professional service agreement and forward for out execution. Please do not hesitate to contact me at (408) 828 -2897 with any questions. Sincerely, qO%1% James Kuhn Nova Partners, Inc. Cc: David Marks, Nova Partners ACCOMY CERTIFICATE OF LIABILITY INSURANCE DATE15 /2IY2 05/15/2012 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0726293 1- 415 -391 -1500 Gallagher Construction Services/ Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. CONTACT NAME: PHONE FAX o Ext: A/c No: 1 Market St., Spear Tower #200 E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # San Francisco, CA 94105 INSURER A: JAMES RIVER INS CO 12203 05/16/13 INSURED Nova Partners, Inc. INSURER B: REPUBLIC IND CO OF AMER 22179 INSURER C: HOUSTON CAS CO 42374 INSURER D: 855 E1 Camino Real #307 INSURER E: DAMAGE TO RENTED PREMISES Ea occurrence) Palo Alto, CA 94301 INSURER F: $ COVERAGES CERTIFICATE NUMBER: 27144352 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MMIDD/YYYY LIMITS • GENERAL LIABILITY X X 00024244 -5 05/16/1 05/16/13 EACH OCCURRENCE $ 1,000,000 MERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence) $ 50,000 MED EXP (Any one person) $ CLAIMS -MADE a OCCUR 470M PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY X PRO- LOC $ • AUTOMOBILE LIABILITY X X 00024244 -5 05/16/12 05/16/13 COMBINED SINGLE LIMIT Ea ccid aent $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS P Y INJURY (Per accident ) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ A UMBRELLA LIAB I X OCCUR 00024388 -5 05/16/1 05/16/13 EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 4,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 16649907 08/01/1 08/01/12 WCSTATU- OTH- X T Y IMI R E.L. EACH ACCIDENT $ 11 000,000 ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 C Professional Liab. HCC 11 20364 09/24/1 09/24/12 Ea. Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Gilroy, its officers and employees are named as Additional Insureds as respects to General Liability as required by written contract only as pertains to Insured -s operations. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) anandgcs 27144352 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Community Development Department ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 A USA ACORD 25 (2010/05) anandgcs 27144352 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00024244 -5 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera - tions City of Gilroy, its officers and All Locations employees are named as Additional Insured as respects to General Liability as required by written contract only as pertains to Insured' s operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE tIOLIGY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the follow =ng: ALL COVERAGE PARTS SECTION it — Who Is Are Insurad is amended to include any person or organization you are required to inciude as an additional insured on this policy by written contract or written agreemen! in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. The person or organization is only an additional insured with respect to liability arising solely of it of "your work" or "your product" which is imputed to the Additional Insured, 2. In the evenl that the 1_irnit5 of Insurance provided by this policy exceed the Limits o' Insurance roquired by the written contract or written agreement, tho insurance provided by this endorsement shall be limited to the Limits of Insurance required by the wriften contract or written agreement. This endorsement shall not increase the Limits of Insurance stated in the Declarations. 3. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" of "your product" included in the "products -- completed operations hazard" unless you are required to provide such coverage by written contract or written agreement but onfy for the period of time required by the written contract o. written agreement and only for "bodily injury" or "property damage" that occurs during the policy period arising out of "your work" or "your product ". Any coverage provided by this endorsement to an Additional Insured shall be excess over any other valid and collectible insurance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement spe0ically requires that th s insurance apply on a primary and noncontributory basis. 5. Where no coverage shall apply herein for the Named Insured, no coverage or defense shall be afforded to the Additional Insured, 6. This insurance does not apply to "bodily injury" or 'property darnage" arising out of the sole negligonce of the Additional Insured: ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP20091-IS 02 -06 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULL.Y WAIVER OF SLIBROGATION AS REQUIRED B CONTRACT This endorsement modifies insurance provided under the following; ALL COVERAGE PARTS The Company agrees to waive any r ght of recovcry aga'nst any parson or organization, as required by written contract, because of payments we make for injury or damage which is limile:i to liability directly reused by "your work" which Is Imputed to suc`i person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, AP5004US 91 -06 Page 1 of t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 024MATI-1 _ +. This endorsement modifies insurance provided under the `ollowing: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE GoveraQ ,_.I__ Limit of Insurance Additional Premium Hired Auto Liability $1 1 000 000 na uded I The insurance provided under SECTION t, - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out of the ma,ntenance or use of a "hirod auto" by you or your "employees" in the course of your business. The Limit cf Insurance shown in the Schedule above is the most we will pay for those sums that. the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" arising out of the use of a "hired auto" by you o- your "employees" in the course of your business. The Limits of Insurance shown in the Schedule above are included within and are not in addition to the Limits of Insurance shown in the Declara +ions Nothing in this endorsement shali increase the Limits of Insurance shown in the Declarations. A. So`ely with respect to HIRED AUTO LIABILITY: SECTION t — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2, Exclusions, is amended by adding the following exclusions: This insurance does not apply to: "Bodily injury" or "property damage" aris':ng out of any: (1) Uninsured or Underinsured Molonst h:w; or (2) No Fault Law or similar act or law• "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. B. Solely with respect to HIRED AUTO LIABILITY: SECTION If - WHO IS AN INSURED, is replaced by the following: Each cf the following is an insured under this endorsement to the extent set forth be`ow: a. You; b. Any other person using a "hired auto" with your per-n'ssion; and c. Any other person or organization, but only for their liability because of acts or omissians of an insured under a, or b, above, None of the following is an Insured: (1) Any person engaged in the business of his or her employer for "bodily injury" to any cc- "employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co- "employee" as a consequence of such "bod,ly injure', or for any obligation to share damages with or repay someone else who must pay damages because of the'njury; (2) Any partner or "executive officer" for any "auto" owned by such partner or otcer or a member of his or her household, (3) Any person while emp'oyed in or otherwise engaged in duties in connect'on with an "auto business ", other than an "auto business" you operate; AP2126US 01 -08 Page 1 of 2 (4) The owner or lossee (of whom you are a sub ies,;ee) of a "hired auto" or any ageni or 11 crnp!oyee" of any such owner or lessee; (5) Any person nr organization for the conduct of any current or past partnership or joltd ve11tu1-9 That is not shown as �i Named Insured in Ili!. Dcdarations, C. Solely with respect to HIRED AUTO LIABILITY: SECTION V — DEFINITIONS is amended by adding thr. following- 1. "Auto Business' means the business or ncr;unation of selling, repairing, servicing, storing or parking "autos". 2. "Hired Auto" means any "auto" you lease, hire or borrow. This does not i:lClude any 'auto'" you lease, hire or borrow from any of your "employees" or members of their households, or from any partner or "executive; offices" of your,,. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED- AP2125US 01 -08 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE DEAD IT CAREFULLY. This endorsement i- nadifies !nsurance provided undo, the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE _CoyeraLle Limits of Insurance Additional Premium Non -Owned Auto Liabili 1 000 006 i $ Included The insuranc:o provided under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or 'property damage" arising out of the use of a "non -owned auto" by any person othe- than you in the course of your business. The Limit of Insurance shown in the Schedule above s the most we will pay for those sums that the insured becomes legally obhgatPd to pay as damages because of "bodily injury' or "property damage" arising out of the use of a ''non -owned aulo" by any person other than you in the course of your business. The Limits of Insurance shown in the Schedule above are included within and are not in addition to the Limits of Insu,ance shown in the Declarations. Nothing in th.s endorsement shall increase the Limits of Insurance shown In the Declarations. A, Solely with respect to NON -OWNED AUTO LIABILITY: SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2, Exclusions, Is amended by adding the following excluslo,is: This insurance does not apply to: "Bodily injury" cr "f,roporty damage" arising out of any: (1) Uninsured or Underinsured Motorist law; or (2) No Fault Law or sirrrilar act or law. "Property damage" fa: (1) Property owned or being transoorted by, or rented or loaned to the insu-ed; or (2) Property in the care, custody or control of the insured. B. Solely with respe::t to NON -OWNED AUTO LIABILITY: SECTION Il —WHO IS AN INSURED, is replaced by the following: Each of the following is an nsured under this endorsement to the extent set forte hefoim: a. You; 6. For a "non -Owned auto ", any partner or "executive cfficar" of yours, but only whi e such "non - owned auto" is being used in your business; and c. Any other person or organization, but only for their iiabihly because of acts or omissions of an insured under a. or b. above None of the following is an insured (•f) Any person engaged in the business of his or her employer for `bodily injury' to any co- "employee" of such parson injured in the course of employment, o to the spouse, child, parent, brother or sister of that co- "employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; (2) Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; AP2127US 01 -08 Page 1 of 2 (3) Any person while employed in or other0se engaged in duties in connection with an "auto business ", other than an "auto ,business" you operate; (4) The owner of a "non-owned auto" or any agent or "employee" of any such owner; (5) Any ;person or organization for the conduct of any ci.urent or past partnership or joint venture that is not shc)wri as a Named Insured in the Declarations. C. Solely with respect to NON -OWNED AUTO LIABILITY SECTION V — DEFINITIONS is amended by adding the following 1. "Auto Business" rneans tho business or occupation of solli-ig, repairing. servicing. storing or pkirkind "autos", 2. "Non -Owned Auto' means any "auto" you do not own lease, hire or borrow which is used in connectio:n 4vith your business. However, if ynu are a partnership, a "non owned auto" does not inclucla any "auto' owned by any partner. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2127US 01 -08 Page 2 of 2 f , AGENCY CUSTOMER ID: LOC #: ACoRO ADDITIONAL REMARKS SCHEDULE Page of AGENCY Gallagher Construction Services/ Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. NAMED INSURED Nova Partners, Inc. 855 E1 Camino Real #307 POLICY NUMBER Palo Alto, CA 94301 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: GENERAL LIABILITY: *Addittional Insured when required by written contract per Form: AP2009US 02 -06 *Waiver of Subrogation as required by written contract per Form: AP5004US 11 -06 AUTOMOBILE LIABILITY: *Additional Insured when required by written contract per Forms: AP2126US 01 -08 & AP2127US 01 -08 *Waiver of Subrogation as required by written contract per Form: AP5004US 11 -06 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD