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HomeMy WebLinkAboutNova Partners - 2012 Agreement for On-Call Construction Management - Amendment No. 3APA) AMENDMENT 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. 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. 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 additional work required for the demolition of the building at 7453 Monterey Street for a new Paseo. — See the attached scope of services. 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. ACCEF hereby agrees to make the above changes subject to the terms of this Amendment for i management services. 211.3 March 15, 2013 Rick Smelser, P.E. City Engineer /Director of Public Works City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Re: Project and Construction Management Services 7453 Monterey Road, Demo & Partial Seismic Upgrade Project Gilroy, CA 95020 Subj: Additional Design, Special Testing, and CM Services Nova Amendment #1, Add Service Request #1 Dear Mr. Smelser: Nova Partners is pleased to submit the following add service request to provide additional architectural design, engineering, special testing and construction management services for the subject project. During the demolition of the 7453 Monterey Road property, unknown conditions were uncovered that substantially increased the project scope of work required to stabilize the adjacent buildings and provide a safe City Paseo for pedestrians. Both the 7451 and 7455 Monterey Road properties have been evaluated by the architect and structural engineer to identify the additional work required for stabilization and are prepared to develop drawings to submit a revision to permit. Nova Partners will provide oversight of additional design and construction activities, including additional site visits for design team, generation of new drawings for permit resubmission, and an allowance for testing and inspections to insure project is completed within the budget approved by Council on January 28, 2013. Below, please find Nova Partners cost request for additional Design, Engineering, Special Testing, and Construction Management services for the above reference project as specifically outlined on the next page. Construction Project Management and Real Estate Development Services B55 El Camino Real, Suite 307 Palo Alto, CA 94301 tel 650.324.5324 fax 650.324327 wnrvw.noveparaners.com A Structural Upgrades of 7451 & 7455 Monterey Street Properties Construction Management Nova Partners 36,545 DESIGN Archectictural TIED SERVICES Structural Engr Biggs Cardoza Add Service #111 28,848 Add Service #2 2,996 Add Service #3 16,673 Add Service #4 26,714 Add Service # 5 13,174 Testing and Inspection Allow 6,558 REIMB. 3,000 AMEND #1 ADD SERVICE #1 GRAND TOTAL $134,508 (NOT TO EXCEED PRICE) We have allotted approximately 20 hours a week to cover these services through the end of May. This is a conservative estimate of time required to ensure we stay current with the needs of the City. We will only bill for work performed on this phase of the project and will not exceed this value without prior authorization by the City. Therefore, Nova Partners requests an increase to our current contract in the Not to Exceed amount of $134,508. Thank you for the opportunity to assist you on this project and look forward to its successful completion. Please do not hesitate to contact me at (650) 465 -2597 with any questions you may have regarding the above - mentioned items. Sincerely, Nova Partners, Inc. 2 City of Gilroy 7453 Monterey Road Demo Partial Siesmic Upgrade NOVA-PARTNERS Breakdown of Amendment #1 Add Service #1 Dated:4 /03/13 Difference between DS 41 (base contract written to) and DS #1R (supersedes DS #1) DS #1: Architectural and structural drawings for bidding purposes only. DS #1R: Architectural and structural drawings for bidding AND permitting. 6 site visits. Nova Partners 7% markup. $5K reimbursables. Nova Partners, Inc. ORIGINAL Nova CONTRACT ADD SERVICE Request TOTAL CONTRACT AMOUNT Comments Construction Management 56,250 36,545 92,795 HED - Design Sery #1 12,500 - 12,500 Original scope. See footnote below. Structural Engr- Design Sery #1 35,477 - 35,477 Design Sery #1R 28,848 28,848 equals $76,825 (DS #1R)- $47,977 (DS #1) Add Service #2 - 2,996 2,996 New scope Add Service #3 - 16,673 16,673 New scope Add Service #4 - 26,714 26,714 New scope Add Service #5 - 13,174 13,174 New scope Testing & Inspection 10,000 6,558 16,558 Reimbursable Expenses 3,375 3,000 6,375 1 252,110 Total 117,602 134,508 Difference between DS 41 (base contract written to) and DS #1R (supersedes DS #1) DS #1: Architectural and structural drawings for bidding purposes only. DS #1R: Architectural and structural drawings for bidding AND permitting. 6 site visits. Nova Partners 7% markup. $5K reimbursables. Nova Partners, Inc. A� D® CERTIFICATE OF LIABILITY INSURANCE °05109120 3' 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(les) 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 COnBCiLLCClnn SEIV1C29/ Arthur C. Gallagher & Co. Insurance Brokers of CA Inc. I Market St., Spear Tower 0200 CONTACT NAME: PHONE 1FAX ___,.... ._.... ..._ ___...— A (AIC. NCI: E -MAIL DDRESS: _ INSURERS AFFORDING COVERAGE NAIL# San Francisco, CA 94105 _ INSURER A: JAMES RIVER INS CO 12203 05/16/14 INSURED INSURERS: REPUBLIC ING CO OF AMER 22179 Nova Partners, Inc. INSURER C: HOUSTON CAS CO 42374 INSURER D: 855 El Camino Real #307 INSURER E: $ 50,,000 Palo Alto, CA 94301 $ LM-MADE OCCUR INSURERF: rnvoonr_vc rconcrrme hu raaQFQ• 32529715 RFXII.CN1M MIIMRFR• 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 AUDL INSR SUBR POLICY NUMBER MMIOUmYP MMIOOIYI'YXP LIMITS • GENERALLIABILITY X X 242446 05/16/1 05/16/14 EACHOCCURRENCE §1,000,000 GENERAL LIABILITY DAMAGE TO RENTED PREMISES Eaemmrence $ 50,,000 MED EXP (Any one person) $ LM-MADE OCCUR PERSONAL& ADV INJURY $ 1,000,000 TCOMMERCIAL GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $ $ POLICY X PERO LM • UABILITY X X 242446 05/16/1-. 05/16/14 COMBINED �tSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) S ANY AUTO BODILY INJURY (PeramidenQ $ POM08,15 ALL OS SCHEDULED AUTOS NON OWNED HIRED AUTOS X gUT05 PROPERTY DAMAGE _(Per accident) $ $ A UMBRELLALIAB X OCCUR 243886 05/16/1 05/16/14 EACH OCCURRENCE $ 41000,000 AGGREGATE $ 4,000_000_ _ X EXCESS DAG CWMS -MADE OED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETORIPARTNER /EXECUTIVE IN F— 16649908 08101/1 08/01(13 % WC STAT U- OTH- .T.ORV UMN E.L EACH ACCIDENT $1,0_00,000_____ "' OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA" E.L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Nyes, describa0nder DESCRIPTION OF OPERATIONS below C Professional Liab. HC1 12 20603 09/24/1 09/24/13 Ea. Claim 21000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more apace 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 Inntred's operations. 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 N �f Gilroy, CA 95020 / \ USA no 1 CIRR -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD srinigcs 33529735 POLICY NUMBER: 242446 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Nova Partners, Inc. 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 Operations City of Gilroy On Call Construction Management Services Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section Il — 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 0 ISO Properties, Inc., 2004 Policy # 242446 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY, WAIVER OF SUBROGATION AS SQUIRED BY CONTRACT This endorsement modifies insurence provided under the fallowing: ALL COVERAGE PARTS The Company agrees to waive any r,ght of recovery against any person or organization, as required by written 9onUdct, because Of payments we make for Injury or damage which Is limit ad to Nability directly caused by "your work" which Is Imputed Io su6 person or wgan!zation. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, AP6004US 11 -06 Page 1 of t Policy # 242446 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies Insurance provided under the followng: ALL COVERAGE PARTS SECTION II — Who Is An Insured is amended to Include any person or organization you are required to inObde as an additional insured on this policy by written contract orwritton agreement 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 lespoot to liability arising solely oaf of "your work" or "your product" which is imputed to the Additional Insured. 2. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or mitten agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written ronirart or written agreement. This endorsement shall not Inc "ease 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" or "your product' Included in the "products — completed operations hazard" unless you are required to provide such coverage by written contract or written agreement but only for the period of time required by the written contact or written agreement and only for "bodily injury' or "property damage" that occurs during the pol!cy period arising out of your worle or "your product ". h. Any coverage provided by this endorsement to an Additional Insured shah be excess aver 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 specilicaily requires that th s Insurance apply on o 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'proparty damage" arfsing out of the sole nogligonce of the Additional Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2009US 02 -06 Page i of i Policy # 242446 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO LIABILITY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Premium The insuranca provided under SECTION 1, - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out or the ma•ntenance or use of a "hired auto" by you or your "employees" in the onurso of your business. The Limit of 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 o! "bodily injury`or'prooady damage" a(ising out of the use of a "hired auto" by you or 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 Declarations Nothing in this endorserneht shall increase the Limits of Insurance shown In the Declarations. A. Solely with respect to HIRED AUTO LIABILITY; SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, Is amended by adding the Fallowing exclusions: This Insurance does not apply to: "Bodily injury' or "properly damage" arls:ng out of any, (1) Uninsured or Underinsured Mnlorist law; or (2) No Fault Law or similar act or low. "Property damaga" to; (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Properly In the care, custody or control of the Insumd. B. Solely with respect to HIRED AUTO LIABILITY: SECTION 11— WHO IS AN INSURED. is replaced by the following: Each of the following is an Insured under this endorsement to the extent set forth below: a. You; b. Any other parson using a "hired auto" with your pa m'sslon; and o. Any other person or organization, but only for their liability because of acts or omissions of on insured under a, or b. above. None of the following is an insured: (1) Any person engaged In fhe business of his or her employer for "bodily Injury to any co. "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 "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; (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 01-68 Page 1 of 2 (4) The owner or losses (of whorn you area sub lessee) of a "hired auto" ar any agent or "employee" of any such owner or lessee; (5) Any person nr organization for the conduct of any current or past partnership or Join] Venture that is not shown as a Named Insured In the Declarations. C. Solely with respect to HIRED AUTO LIABILITY: SECTION V —DEFINITIONS is amonded by adding the following: 1. "Auto Business' means the business or occupation of selling, rapairing, servicing, storing or parking 'auft ". 2. 'Hired Auto" means any "auto" you lease, hire or borrow. This does not include any "auto'" you lease, hire or borrow from any of your "employees" or members of their households, or from any partner or "executive officar" of yours. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2126US 01 -08 Page 2 of 2 Policy # 242446 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NON -OWNED AUTO LIABILITY This ondorsement modifies assurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE] _ ° - -- --- i Cover a _ Limits of Insurance Additional Premium I Nan -Owned Auto Liabihf , $ 1 000.,000 . ,Included - ) The insuranco provided under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or 'property damage" allsing out of the use of a "non -owned auto" by any person other than you in the course of your business. The Limit of Insurance shown in the Sehadule above is the most we will pay for chose Burrs; that the Insured becomes legally obhgatad to pay ss damages because of "bodily Injury or "property damage" arising out of the use or a "non -owned aula" by any person other than you in the course of your business. The Limits of Insurance shown In the Schedule above are Included wiihilt and are not In addition to the Limits of Insurance shown In the Declarations. Nothing in th endotsement shall Inarease 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. Exctuslons, Is amended by adding the following exclusions: Thia insurance does not apply to "Bodily injury" or "peopor ly damage" arising out of any: (1) Uninsured up Underinsured Motorist law; or (2) No Fault Law or similar art or law, "Property damage" ta: (1) Property owned or being tmnsnorted 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 NON -OWNED AUTO LIABILITY: SECTION 11) —WHO IS AN INSURED, Is replaced by the following: Each of the following Is an insured under this endorsement to the extent set form below: a. You; b. Far e "non -owned auto', any partner or"executivoofficer"of yours, but only while such 'hon- owned auto" is being used In your business; and e. Any other person or organization, but only for their liability because of acts or omissions of an Insured under a. or b. above. None of the following Is an Insured; (1) Any person engaged in the business or his or her employer for"bodllylnjury'to any co- "ernployee" of such person lnjured in the course of employment, as to the spouse, child, parent, brother or slsler of that ro "employee" as a consequence of such "bodily injury', or for any obligation to share damages with or repay sornoone 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 -00 Page 1 of 2 (3) Any person while employed In or otherw +so 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 current or past partnership or Joint venture that is not shown 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 I . "Auto Business" means the business or occupation of selling, repatdng, servicing. storing or purking °aUI05 ". 2, "Non -Owned Auto" means any "auto" you do not own lease, hire or borrow which is used to connection with your buslness. However, if you are a partnership, a "nomowned auto" does not Include any "auto" owhed by any partner. ALL. OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2127US 01 -08 Page 2 of 2 AGENCY CUSTOMER ID: LOC 0: ALA �® ADDITIONAL REMARKS SCHEDULE Page _of AGENCY Gallagher Construction Services/ NAMEDINSURED Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. Nova Partners, Inc. 855 E1 Camino Real #307 POLICYNUMBER Pala 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