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HomeMy WebLinkAboutRJA - 2012 Agreement for On-Call Civil Engineering - Amendment No. 1.f AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND RUGGERI - JENSEN -AZAR & ASSOCIATES (RJA) FOR ON -CALL CIVIL ENGINEERING SERVICES DATED OCTOBER 1, 2012 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. The scope of work authorized includes creating plats and legal descriptions necessary for the vacation of city right -of -way at two locations on Wayland Lane. See attached Exhibit A for 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. Ruggeri- Jensen -Azar & Associates hereby agrees to make the above changes subject to the terms of this Amendment for ongoing civil engineering services. Consultant: Ruggeri- Jensen -Azar & Associates By Name: Arminta J. Jens Title: Executive Vice res dent Date 8— /a - -;)O13 ACCEPTEP h fir, EXHIBIT A SCOPE OF SERVICES Am 11 RUGGERI-JENSEN-AZAR EXHIBIT A SCOPE OF SERVICES For WAYLAND LANE GILROY, CALIFORNIA JULY 23, 2013 RJA JOB NUMBER: Proposal dated July 23, 2013 TYPE OF WORK: Plat & Legal Descriptions for Vacation/ROW CLIENT: City of Gilroy SUBJECT PROPERTY: E N C.% E E P S • - L A N% E S • .. _ - - Lots 78, 85 & 86 of Tract 1862 and Lot 1 of Tract 3106 at Wayland Lane located in Gilroy, Santa Clara County, California. Client intends to create an overland drainage easement, public utilities easement, and abandon public right of way that was created by Tract 1862 near Wayland Lane. City of Gilroy is considered the Lead Agency for processing the work described herein. SCOPE OF SERVICES: 10. DESIGN SURVEY F. Plat and Legal Description Consultant will prepare plat and accompanying legal descriptions (four (4) total) for • Right -of -Way Vacation • Public Utilities Easement and Public Overland Drainage Release This item specifically excludes the following items: • Assistance with any property, easement or right -of -way agreements • Assistance with signatories Preparation of grant, quit -claim or deeds Processing/Recording of documents REIMBURSABLE /ADDITIONAL SERVICES/EXCLUSIONS Any reproduction work, other than that required for the Consultant's in house use, and all mileage, Federal Express, UPS, California Overnight, and other deliveries will be billed per the attached Rate and Expense Schedule in addition to the fees shown in Exhibit B. The services to be provided are those detailed in this Scope of Services (Exhibit A). All items not expressly described in this Scope of Services shall be deemed "additional services" / "extra work" and compensation shall be on a time and expense basis per the attached Rate and Expense Schedule. The following items are specifically excluded from this Scope of Work: Page 1 of 5 Initial RJA In tial Client JOR ,01 i RUGGERI-JENSEN -AZAR A. Exclusions E�JCINEE PS - PLANNERS • _ - 1. Plats and legal descriptions for easements or ROW not specifically mentioned in the Scope of Services 2. Processing or the recording of map after Agency approval 3. Provision of preliminary or final title report 4. Any plats and descriptions for offsite purposes 5. Preparation of a "Vesting Tentative Map" 6. Any and all documents required for public noticing 7. Assistance with any property, right -of -way, or easement acquisition. MISCELLANEOUS PROVISIONS A. Opinion of Probable Construction Costs/Renresentative Cost Study The Consultant's opinion of probable construction costs and /or representative cost study, if rendered as a service under this Agreement, is based on assumed labor costs and approximate quantities of material and equipment, and is therefore of a conditional character. The Consultant cannot guarantee the cost of work to be performed by others since market or bidding conditions can change at any time and changes in the scope or quality of the Project may affect said costs. B. Record of Surveys Pursuant to "The State of California Professional Land Surveyors Act " (Government Code Section 8762 - January 1, 2013), if after performing the boundary survey for the project, any material discrepancies in the boundary information and existing monumentation are found, the resolved boundary information must be depicted on the final map for the project and the corresponding boundary monumentation must be set. Also, some jurisdictions require that new property corners be monumented. Should the Final or Parcel Map for the project require the setting of any monumentation not included in this scope of services, Client agrees to compensate RJA on a Time and Expense (T &E) basis per the attached Rate and Expense Schedule for all costs associated with the setting of boundary and /or parcel monumentation. Should the Client decide not to pursue a Final or Parcel Map for the project, a "Record of Survey' will be prepared by RJA and recorded by the Client. Additionally, all required boundary monumentation will be set according to the Record of Survey. If a Record of Survey is required, Client agrees to compensate RJA on a Time and Expense (T &E) basis per the attached Rate and Expense Schedule for all costs associated with the preparation of the boundary survey and boundary monumentation. C. Schedule The Client and Consultant are aware that many factors outside the Consultant's control may affect the Consultant's ability to complete the services to be provided under this Agreement. The Consultant will perform these services with reasonable diligence and expediency consistent with sound professional practices. D. Notice of Licensure As of the date of this Agreement, RDA's Gilroy office employs the following individuals licensed by the State of California (RCE unless otherwise noted): Arminta J. Jense #42321; Jam W. f Page 2 of 5 Initial RJA Initia Client ...Fn t._ �. ,l ._tl: 1 i ❑i ti:: i1t' : , F-� 'n1:. t:. **-n 1 \> 11 RUGGERI-JENSEN -AZAR E N u; NEE RS • PLANNERS • S R':'- --. -. Schul, #49688; Jorge M. Duran, 459978; Paul C. Patton, #66271; Carrie M. Wright, #67520; Catherine A. Silva, #70732; Caleb A. LaClair, #75163; Luis S. Santiago, #79665; Bryan Pierce, P.L.S., #8859. E. Site Visits and Construction Suaaort If included in this Scope of Services, Site Visits and/or Construction Support are only for visual observation of construction to permit the Consultant, as an experienced and qualified professional, to answer field questions from Client and aid in expressing intent of documents prepared by Consultant. In making such visits or providing support, the Consultant makes no guarantees for, and shall have no authority or control over, the Contractor's performance or failure to perform the Work in accordance with the Contract Documents. The Consultant shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the Contractor or for the Contractor's safety precautions and programs nor for failure by the Contractor to comply with any laws or regulations relating to the performance or furnishing of the Work by the Contractor. ,1/, Page 3 of 5 Initial RJA 11niti, Client 1X � 11 RUGGERI-JENSEN-AZAR E "' "N E E R S' a s r, ;v F R s EXHIBIT B COMPENSATION for WAYLAND LANE GILROY, CALIFORNIA JULY 23, 2013 Client shall compensate Consultant for the performance of the work previously described in Exhibit A, SCOPE OF SERVICES, and for such extras and additions as follows: I. SCOPE OF SERVICES ITEM 10. DESIGN SURVEY F. Plat and Legal Description(s) TOTAL: FEE $3,100 $3,100 II. Printing and Miscellaneous Expenses Any reproduction work, other than that required for the Consultant's in house use, and all mileage, Federal Express, UPS, On -Trac, and other deliveries and expenses will be billed per the attached Rate and Expense Schedule, in addition to the above fees. III. Additional Services The services to be provided are those detailed in Exhibit A, Scope of Services. All items not expressly described in this scope and all hours for a specific item which are above those stated in the scope of services shall be deemed "Additional Services " / "Extra Work" and compensation shall be on a time and expense basis per the attached Rate and Expense Schedule, in addition to the above fees. IV. Payment Terms Invoices will be rendered monthly for the work done in the preceding month and will be due and payable upon receipt. All accounts not paid within thirty (30) days after date of invoice will bear a FINANCE CHARGE OF 1.5% per month, or the legal rate of interest, whichever is less, on the unpaid balance until paid in full. In the event any action is brought in this agreement concerning any amounts due hereunder, the prevailing party shall be reimbursed for all litigation and collection expenses, including but not limited to reasonable attorneys' fees. Fees shown are good through July 31, 2014. Rate & Expense Schedule is good through July 31, 2014. At the end of July each year, the rates and remaining fees for all services shall be increased proportionately to the increase in costs incurred by Consultant for labor and expenses and the Rate and Expense Schedules will be updated. jo/ Page 4 of 5 Initial RJA ( flniiallient 11.4,q 1\.f 11 RUGGERI-JENSEN -AZAR E N' L3 NEERS • LANt.jER$ • -,U R ;,p .- RATE AND EXPENSE SCHEDULES (Effective through July 31, 2014) HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES Classification Rate SeniorProject Manager ................................................................ ............................... ........................$198.00 ProjectManager ............................................................................ ............................... .........................189.00 Senior: Engineer, Surveyor, Planner ............................................. ............................... .........................176.00 Associate: Engineer, Surveyor, Planner ........................................ ............................... .........................163.00 Engineer, Surveyor, Planner .......................................................... ............................... .........................145.00 Assistant: Engineer, Surveyor, Planner ......................................... ............................... .........................125.00 SeniorDesigner/Technician .......................................................... ............................... .........................142.00 Technician..................................................................................... ............................... .........................122.00 AssistantTechnician ....................................................................... ............................... ..........................99.00 ProjectCoordinator ....................................................................... ............................... .........................107.00 AdministrativeAssistant ................................................................ ............................... ..........................85.00 Clerical.......................................................................................... ............................... ..........................66.00 FieldSurvey Manager ................................................................... ............................... .........................170.00 1- Person Survey Crew ................................................................... ............................... .........................150.00 2- Person Survey Crew ................................................................... ............................... .........................245.00 3- Person Survey Crew ................................................................... ............................... .........................298.00 Principal......................................................................................... ............................... .........................213.00 Deposition/Court Appearance ....................................................... ............................... .........................350.00 EXPENSE SCHEDULE Multimedia Projector ................................ ............................... ........................$200.00 per day (one day min) 3 -D Graphics Rendering (computer only) .................................................... ............................... $25 /per hour BondCopy (24" x36") .................................................................................... ............................... $1.50 each Color /mylar plot (small, medium) ................................................................. ............................... $10.00 each Color /mylar plot (l arge) ................................................................................. ............................... $50.00 each Xeroxcopy ...................................................................................................... ............................... $0.15 each Color xerox copy (8 2 x 11 or 11 x 17) ........................................................... ............................... $0.50 each Client- Requested Overtime .......................................................... ............................... Hourly Rate plus 25% All other expenses, including: Actual Cost plus 15% Delivery Service Travel & Expenses Outside Reproduction Filing or Permit Fees Mileage - Auto Outside Consultants Page 5 of 5 Initial RJA nisi Client �c I In Client #: 1753 Rt1GGFASSO ACORDT. CERTIFICATE OF LIABILITY INSURANCE INSR LTR TYPE OF INSURANCE 8/12 /2013nY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 06/19/14 510 465 -3090 INSURERS AFFORDING COVERAGE INSURED 4690 Ruggeri- Jensen -Azar &Associates Plea Chabot Drive, Suite 200 Pleasanton, CA 94588 -2747 INSURER A: Travelers Indemnity Co. of Conn INSURER e: Travelers Property Casualty Co INSURER c: Travelers Property Casualty Ins INSURER D: Liberty Insurance Underwriters, INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DDIYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [Al OCCUR X Contractual 680212OL852 06119/13 06/19/14 EACH OCCURRENCE $2,000,000 FIRE DAMAGE (Any one fiire) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 Liability GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP /OPAGG s4,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA2113L001 06/19/13 06/19/14 COMBINED SINGLE LIMIT (Ea accident) $1 ,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR F-1 CLAIMS MADE DEDUCTIBLE RETENTION $ CUP9B546956 06/19/13 06/19114 EACH OCCURRENCE $4 000 000 AGGREGATE $4,000,000 $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB3766T417 09/01/12 09/01113 X WC ST RY AM T CE T LIMIT ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 D OTHER Professional Liability AEE1964770113 06119/13 06/19114 $1,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. RE: On -call civil engineering design. General & Auto Liability: City of Gilroy, its officers & employees are included as additional insured. I.GKI IrIt -AIt rIULVtK I I ADDITIONAL INSURED; INSURER LETTER: GANIaLLAI IUN lU UaVS Tor Non- iavmenT City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XX XTpMAIL30 DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT, BK3Qif1gXM"j0jMJQ71D[MXX WIPJGDGx XECtlG1TXTQRJII (X1QfI1QXIP1PlIXMx 70JS7C AGORU 25 -5 (7/97)1 of 1 #S693830/M683729 NMF © ACORD CORPORATION 1988 POLICY NUMBER: 680212OL852 COMMERICAL GENERAL LIABILITY ISSUE DATE: 06/19/13 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 PERSON(S) OR ORGANIZATION(S): CityofGilroy 7351 Rosanna Street Gilroy, CA 95020 PROJECT /LOCATION OF COVERED OPERATIONS: On -call civil engineering design. NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S) CONT.: City of Gilroy, its officers & employees : J:T41VE1 Eel Z6i A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render - age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury ", 'property damage" or `personal injury services ". caused, in whole or in part, by your acts or omis - sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf: tional insured shall be the limits which you agreed in that 'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you, or not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for C. In connection with your work and included this Coverage Part. within the "products- completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS (Section IV): an additional insured for "bodily injury', "property However, if you specifically agree in a contract or damage" or "personal injury' for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown in the Schedule, the insur- or agreement. ance provided to that additional insured under this CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY 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 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 "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 V): "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 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission