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HomeMy WebLinkAboutNova Partners - 2012 Agreement for On-Call Construction Management - Amendment No. 6\y OF G��qO AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND NOVA PARTNERS INC. FOR ON -CALL CONSTRUCTION MANAGEMENT DATED May 29, 2014 AMENDMENT NO.6 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 extend the term of the Agreement for Services between the City of Gilroy and Nova Partners Inc., dated August 6, 2012 to January 2, 2015. The Insurance requirements shown in section 5.13. of the original Agreement for Services have changed. Section 5.13. of the original Agreement is deleted in its entirety, and hereby replaced with the following: D. INSURANCE In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. The scope of work authorized includes Architectural /Engineering and Project /Construction Management services for the demolition of the existing Youth Center Building located at 7400 Railroad Street. Consultant acknowledges that the demolition of the Old Youth Center is currently not funded at this time. As per the attached proposal, the costs for services are in an amount not to exceed $152,584. 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. Consultant: Nova rtners Inc. By Z?�64 Marc Slocum Date 1 .1 2—f — / '�4- ACCEPT Approved as to Form: Gilroy City Attorney's Office NOVAPARTNERS INCORPORATE May 27, 2014 Rick Smelser, P.E. City Engineer/Director of Public Works City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Re: 7400 Railroad Street, Youth Center Project Gilroy, CA 95020 Subj: Project/Design /Construction Management Services Nova Amendment #6 to the On -Call Construction Management Services Agreement dated 8/6/2012 Dear Mr. Smelser: Nova Partners is pleased to submit the following add service request to provide ArchitecturaI/Engineering and Project/Construction Management services for the demolition of the existing Youth Center building located at 7400 Railroad Street. Demolition of the existing building has been requested by thee City for future site use. The Scope of work for this amendment will include the following: 1. Obtain the services of a Hazardous Material Consultant to provide a hazardous material survey to determine the extend of abatement required prior to the demolition of the building to be performed by others. 2. Obtain the services of a Geotechnical consultant to perform soil- boring samples to determine the classification of the existing soils around the perimeter of the building prior to future soil disturbance and infill during building demolition and site grading performed by others. 3. Obtain the services of the Civil Engineering firm of Hanna Brunetti to provide a complete design package for the demolition of the existing building and any site grading required for obtaining a building permit. 4. Prepare all bidding documents, Staff reports along with conducting the Bidding process to obtain the services of General Contractor to perform the Demolition and Site grading. Work with City staff to issue and execute a formal contract agreement between the City and General Contractor. 5. Provide Project/Construction Management oversight of all design and construction activities from the early stages of design through project completion. 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 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 below: Scope of Work Duration wks Hrs /wk Total Hours Rate Total Task I - Preconstruction Services (May 2014 - August 2014) PM 14.99 16 240 155 37,175 Subtotal Task 1 37,175 Task 2 - Construction Services (September 2014 - December 2014) PM 17.32 20 346 155 53,692 Subtotal Task 2 53,692 Task 3 - Post Construction /Closeout (Dec 2014 -Jan 2015) PM 5 16 80 160 12,800 Subtotal Task 3 12,800 Task 4 - Consultants Hanna Brunetti Civil Engineers Consultant Lump sum 6,750 Monte Deignan & Associate Consultant Lump sum 4,700 PCEI Geotechnical Engineers Consultant Lump sum 9,150 Testing and Inspection Consultant T &M 15,000 Markus 3,560 Subtotal Task 4 39,160 Project Contin enc (10% ) 14,283 TOTAL BASIC SERVICES $157,109.92 I. Design/Bidding/Permitting Oversight May 2014 - August 2014 - We have allotted approximately 16 hours a week to cover the Design Management services that are currently scheduled to occur during the periods from May 2014 through August 2014. This is an 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. U. Construction Management September 2014 - December 2014 - We have allotted approximately 20 hours a week to provide Construction Management oversight services during the duration of this phase of the project. We feel this is a conservative amount of time to oversee this project at this time. This is an 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. Nova Partners requests an increase to our current On -Call Agreement in the Not to Exceed amount of $157, 109.92 as indicated above. 1) 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, H444 h Marc Slocum Nova Partners, Inc. 11 HANNA & BRUNETTI Civil Engineers - Land Surveyors - Planners - Construction Manager., Established 1910 Walter J. Hanna' Jr. P.E.. LS. Arnold Brunetti, P.E. May 21, 2014 Marc Slocum Nova Partners, Inc 855 El Camino Real, Suite 307 Palo Alto CA 94301 Re: 7400 Railroad Street, Gilroy CA 95020 Dear Mr. Slocum, In accordance with your request, we are pleased to submit our Letter of Agreement to perform the necessary, Civil Engineering and Surveying Services for the above referenced Railraod Street property located in the City of Gilroy's jurisdiction Hanna & Brunetti's recommended Design Engineering Services to be performed on the project consist of the following: See attached Exhibit A, which is a part of this agreement. The proposal is based upon the following assumptions: • A limited field survey will be performed for to prepare a Demolition Plan. Additional survey will be required to provide design and ADA compliance routes and grades on proposed improvements to site. Upon acceptance of the Letter of Agreement, please verify your correct billing address, telephone numbers, date, signature, and return both the attached agreement form and Exhibit A to us. We are looking forward to working with you on this project. If there are any questions, please call me at 408- 842 -2173 and I would be happy to discuss the process with you. Respectfully submitted, Octavio Hurtado Hanna and Brunetti OH:oh Enclosures 7651 E i g I c b c r r y S t r c c t 408- 843 -2173 Gilroy. CA 95020 -5132 Fax 842.3662 EmaikengineeringCy hannahrunetti.cam 05/21/14 EXHIBIT A 7400 Railroad St, Gilroy CA 95020 HANNA & BRUNETTI will perform the following services for the above parcel: Civil Engineering and Surveying Services for 7400 Railroad Street, Gilroy CA 95020. PHASE 1 — Demolition Plan Hanna & Brunetti will prepare a demolition plan as requested by client per the City of Gilroy's Standards. The Demolitions Plan will include the following services for the above parcel: • Field recognizance of the site. • Limited field survey to prepare an accurate Site Plan of the building to be demolished and utilities to be abandoned and/or removed. • Field locate and show limits of the existing basement to be demolished and filling in. o Provide grading and compaction specification on filling the existing basement. o Coordination with City and Nova Partners. COMPENSATION Phase Demolition Plan $4,300 The scope of services and budget-may be revised if changes in scope, or other permits are required. TERMS & CONDITIONS - Hanna & Brunetti will perform phasel -2 for the proposed site on a time and materials basis in accordance with the Agreement for Professional Services between Owner /Client and Hanna & Brunetti. Hanna & Brunetti makes no warranty or guarantee that project will be accepted or approved by County, or that project initial layouts will .need to be revised or changed in scope. If the scope of services are revised due to changes in layout, addition of offsite improvements, or unforeseen conditions the budget may be revised. Hanna & Brunetti will perform any revision in services on a time and materials basis. Fees will be based on our current hourly fee Schedule. Client will be invoiced in accordance with the conditions stated in the "Agreement For Professional Services" form which will be supplied upon acceptance of this proposal. Services for blueprints (see deliverables) and other reprographics services required by client, Title Company, governmental agencies, client's contractor, and any other persons authorized by client are not included in the above budget, and will be billed in accordance with Hanna and Brunetti's rate schedule. This does not include prints that are run for in -house use. SERVICES NOT INCLUDED This contract does not include the following tasks: 1. Geotechnical, Electrical, Mechanical, Fire Flow Engineering. (A Soils Report will be required for project) HANNA § 8 R11 \ETT1 C i v i I L -nginccrs - Land S u r v c y o r s Planners - Construction \t a n a g c r s 05/21/14 2. Fencing, Street/Lot Lighting, Striping and /or Landscaping Plans. 3. Construction Management, Construction Related Certifications, and /or Construction Inspection. 4. Preparation of any environmental documents, including Septic system design and percolation testing. 5. Structural Calculations for buildings, footings, and /or retaining walls. 6. Attend and represent project at any County Staff or other Commission meetings should the project be appealed by third parties. 7. Payment of all City /County /State, or other Governmental Agencies permits or fees, all of which are the responsibility of the Owner. 8. Preliminary title reports or other title research /work. (A Title -Report will be required for this project) 9. Resolution of any encumbrance. 10. Traffic Control Plans 11. Plat and legal descriptions or mapping 12. Joint trench / utility plan, including PG&E, PacBell, CATV and street lighting design. 13. SWPPP and LID measures 14. Erosion Control Plans If the above services are required, they can be provided on a fee and /or time and materials basis. PAYMENT The fee will be billed on a monthly progress billing with receipt of payment within thirty (30) days of billing. The progress billing will be computed on a percentage or completion in accordance with Hanna and Brunetti's contract. Interest of 1 %S %o per month will be charged on all past due payments. At 45 days past due, Consultant will cease work on the project and notify the Client of such action in writing. Client is responsible for notifying, in writing, of any intention to terminate or postpone further work by Consultant. Any additional work requested by Client determined to be outside the scope of work shall require an amended contract. A Retainer of ($1,500.00) of the Fee shall be received by Hanna and Brunetti prior to start of work. The Retainer shall be applied to the Final Payment. EXTRA WORK Compensation for any extra work shall be on a time and material basis for all work not included in this AGREEMENT. The total time and material amount shall.be at.the hourly rate schedule in Hanna and Brunetti's Rate Schedule of Charges. Payment shall be in accordance with the Terms and Conditions of this AGREEMENT. Services for copies /blueprints and other reprographics services required by.client, title company, governmental agencies, client's contractor, and any other persons authorized by client will be billed in accordance with Hanna and Brunetti's rate schedule. This does not include prints that are run for in -house or construction staking use. HANNA i 81Z UNETTI Civil Engineers Land Surveyors Planners Construction M a n a g r Monte Deignan and Associates PO Box 546 Larkspur, CA 94977 Nova Partners 855 El Camino Real Palo Alto, CA 94301 Attn: Mr. David Marks Date Estimate No. Project 05/05/14 491 Former Youth Center Proposal Description Quantity Cost Total PROJECT AND LOCATION Asbestos / Pb Survey for Former Youth Center at 7400 Railroad St. Gilroy, CA This estimate Is for all interior and exterior accessible areas CONSULTANT CHARGES Building Survey for Asbestos/ Lead 5 95.00 475.00 Write, edit, or oversee reports 18 95.00 1,710.00 Subtotal 2,185.00 MATERIALS CHARGES / FEES PLM asbestos analysis 40 25.00. 1,000.00 FAA lead sample fee 20 30.00 600.00 Subtotal 1,600.00 TRAVEL CHARGES Travel time to job site 4 95.00 380.00 Mileage 190 0.50 95.00 Additional or fewer samples will be charged / credited at same rate shown above Please refer to MDA Terms and Gonclitions Total $4,260.00 Pacific Crest Engineering Inc. May 12, 2014 Mr. Marc Solcum Nova Partners, Inc. 855 El Camino Real, Suite 307 Palo Alto, CA 94301 -2338 Subject: Proposal for Environmental Services Phase 1I Environmental Site Assessment 7400 Railroad Street, Gilroy, CA 95020 -5819 Dear Mr. Solcum: . wwwApacific- crest.com Chemical Process Group 444 Airport Blvd., Suite 106 Watsonville, CA 95076 Phone: 831-763-6191 Fax: 831 - 763 -6195 Proposal No. PR064 Pacific Crest Engineering Inc. (PCEI) is pleased to present this proposal to provide Nova Partners, Inc. (NPI) with environmental services associated with the planned construction activities at the old PG &E facility located at 7400 Railroad Street in Watsonville, California. BACKGROUND Subject project site is roughly a 34,250 square foot (0.79 acre) site on which two buildings are located; one 1,622 square feet in size and one 5,121 square feet in size. The subject site was once occupied by PG &E and more recently was the location of the Gilroy Community Youth Center. Current plans are to remove one or both site buildings to make room for parking. A Phase I Environmental Site Assessment (ESA) has not been completed for the site and NPI's plan is to take a few soil samples for analytical testing to determine if site contamination is present prior to the start of construction activities. Based upon PCEI's limited knowledge of the subject site, we propose that the following sampling be completed: A. Smaller Building: a. Two soil samples. Each sample taken roughly one foot below the existing parking lot base rock. b. Each sample would be analyzed as follows: 1. pH (EPA Test Method 945C) 2. Polychlorinated Biphenyls, PCBs -(EPA Test Method 8082) Nova Partners. Inc. Page 2 W1ay 12 2014 PCEI Proposal No. PR064 3. Volatile Organic Compounds (EPA Test Method 8260B) 4. Semi - volatile Organic Compounds (EPA Test Method 8270C) B. Larger Building: a. Four soil samples. Each sample taken roughly one foot below the existing parking lot base rock. b. Each sample would be analyzed as follows: 1. pH (EPA Test Method 945C) 2. Polychlorinated Biphenyls, PCBs (EPA Test Method 8082) 3. Volatile Organic Compounds (EPA Test Method 8260B) 4. Semi- volatile Organic Compounds (EPA Test Method 8270C) Please note that even if all subject proposed sampling does not indicate the presence contamination, contamination could still be detected during construction phase activities. SCOPE OF WORK PCEI proposes to complete the following Scope of Work: 1. Complete soil sampling and analytical testing as described above in the Background section of this proposal. Prior to starting any soil boring activities, the soil boring location will be cleared with an underground utility locator. Please note that non - metallic piping or ductile piping not wrapped with a locating wire cannot be detected. 2. Preparation of a report summarizing our findings with comparison to the current EPA, published, risk -based preliminary remediation goals (PRGs). The City of Gilroy is a Certified Unified Program Agency and thus has oversight of subject project. The report will include: a site map which includes boring and sampling location, borehole lithology and soil analytical results with laboratory chain -of- custody documentation. Provide NPI with a total of three subject report hard copies and one electronic copy. Please note, if any of the subject testing indicates the presence of contamination, the City of Gilroy must be notified. FEE FOR SERVICES PCEI proposes to complete the above listed Scope of Work fora fixed -fee of Eight Thousand Three Hundred Dollars ($8,300) per the terms and conditions of our Professional Services Agreement, attached and hereby made a part of this proposal. Following is a breakdown of PCEI's fee: No%2 Partners, Inc May 12, 2014 Page 3 PCEI Proposal No. P664 ITEM DESCRIPTION BUDGET 1 Project prep and set-up $250 2 Site prep — boring marking and clearing $900 3 Sampling $2,650 4 Lab $3.000 [___15_ Final report $1,500 TOTAL $8,300 As an option, for an.additional $900, PCEI complete an abbreviated Phase I ESA for the subject site. The abbreviated work would involve obtaining and reviewing the typical site information provided by Environmental Data Resources; historical site and neighboring site environmental permitting / environmental contamination, historical maps, etc. Subject information could help refine proposed sample locations and, refine proposed sampling analytical testing. This offer is valid for a period of thirty (30) days. ASSUMPTIONS PCEI has.made the following assumptions in preparing its Scope of Work and Fee for Services information listed above: PCEI will be granted access to the project site so that the required information can be gathered in a timely and efficient manner for PCEI to complete its above listed Scope of Work. 2. Analytical pricing assumes standard two -week turn around. A shorter turn-around time is available at additional cost to NPI. 3. The need for permits are not anticipated for this project, however should this change, the cost will be passed along to NPI. 4. No groundwater sampling or associated testing is included. Any additional sampling and /or analytical testing can be completed at additional cost. SCHEDULE PCEI is prepared to begin work immediately upon receipt of an executed contract. Once started, we should be completed with our work within three to four weeks. Should NPI wish to also complete a modified Phase I ESA for the subject site, once started, we should be completed with our work within four to five weeks. Nova Panners, Inc. May 12.2014 Page 4 PCEI Proposal No. PRO64 Please note, per California regulations, all soil borings must be cleared by Underground Service Alert (USA) which can take up to two business days from notification. Notification can only occur when the site / sampling location is properly marked for USA. Pacific Crest Engineering Inc. appreciates the opportunity to provide our services, and would be pleased to answer any questions you may have about our proposed Scope of Work and associated fee. I can be reached at (831) 763 -6191. Sincerely, PACIFIC CREST ENGINEERING INC. James F. Walker, PE Vice President / Principal Chemical Engineer CH 4664, Expires 6/30/2015 C 62120, Expires 9/30/2015 FP 1601, Expires 6 /30/2015 Attachment: Professional Services Agreement CITY OF GILROY OLD YOUTH CENTER PROJECT 7400 RAILROAD STREET PROJECT SCEDHULE May 2, 2014 NOVA FARTNER_S ID 1 Task Name PHASE I - DUE DILIGENCE ! STAFF REPORT Job walk of site Procure Abatement Consultant Execute Abatement Consultant Contract Procure Phase II Environmental Consultant/ Proposal Collection of Haz Mat Samples & Testing _ Consultant to Prepare Haz Mat Report Phase II Environmental Permit Phase II Environmental testing / Report _ Prepare Budget / Schedule Submit Staff Report Counsel Meeting (7 /l /Mtg) _ PHASE II - DEMOLITION DRAWINGS Prepare/ Issue Execute contract Hanni Brunetti Prepare demolition drawings PHASE III - BUILDING DEMOLITION Permitting Submit Permit Drawings _ Initial Plan check Comments __ _ _ Plan Check Comments 1 response Final review Permit ready for Issuance _ Bidding Advertise Bidders Prebid meeting Issue Addendum 1 Accept Bids Review Bids Submit Staff Report — —... Council Award contract(8 /4 mtg.date) Issue Notice to Award - - -- - Prepare /Issue /Execute Agreement Issue Notice to Proceed CONSTRUCTION Mobilization _ Building Abatement Asbestos / Lead Building Demolition Import Fill & Compact Install New Asphalt Install New Fencing at Selected Areas Punchlist Close out Duration 43 days 1 day 1 day 2 days 2 days 1 day 8 days 3 days 20 days 2 days 1 day 1 day 6 days 1 day 5 days 155 days 34 days 1 day 14 days 5 days 14 days 40 days 14 days 0 days 1 day 0 days 2 days _ 0 days 1 day 1 day 7 days 1 day 95 days 1 wk 21 days 21 days 5 days 3 days 2 days 7 days 29 days Start Fri 512114 Fri 5/2/14 Mon 5/5/14 Wed 5/7/14 Fri 5/9/14 Wed 5/21/14 Thu 5/22/14 Tue 5/20/14 Fri 5/23/14 Fri 6/20/14 Tue 6124/14 Tue 7/1/14 Fri 5123114 Fri 5/23/14 Mon 5126/14 Mon 612114 Mon 612114 Mon 6/2/14 Tue 6/3/14 Mon 6/23/14 Mon 6130114 Mon 6130/14 Mon 6/30/14 Thu 7/10/14 Mon 7/14/14 Thu 7/17114 Fri 7/18/14 Mon 7/21/14 Mon 814/14 Tue 815/14 Wed 8/6/14 Fri 8122114 Mon 8125114 Mon 8125114 Mon 9/1114 Tue 9/30/14 Wed 10/29114 Wed 11/5114 Mon 11/10/14 Wed 11/12/14 Tue 11/25/14 Finish Tue 711114 Fri 512114 Mon 5/5/14 Thu 518/14 Mon 5/12/14 Wed 5/21/14 Mon 6/2/14 Thu 5/22/14 Thu 6119/14 Mon 6/23/14 Tue 6/24/14 Tue 7/1/14 Fri 5130114 Fri 5123/14 Fri 5130/14 Fri 1/2115 Thu 7117/14 Mon 612114 Fri 6/20/14 Fri 6/27/14 Thu 7/17/14 Fri 8122114 Thu 7/17/14 Thu 7/10/14 Mon 7/14/14 Thu 7/17/14 Mon 7121114 Mon 7/21/14 Mon 8/4/14 Tue 8/5/14 Thu 8/14/14 Fri 8/22/14 Fri 112115 Fri 8/29/14 Mon 9/29114 Tue 10/28/14 Tue 11/4/14 Fri 11/7/14 Tue 11/11/14 Thu 11/20/14 Fri 1/2/15 2014 May -_ _Jun Jul Aug Se Oct Nov Dec I Jan = j j W:® ' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 28 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Page 1 AG'OA'U0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDNYYY) 7/24/2014 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 Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC #0726293 1255 Battery Street, Suite 450 CONTACT NAME: PHONE A/D No M11119, MA IL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # San Francisco CA 94111 INSURER A James River Insurance Company 1920.1 DAM—AGE TO RENTE PREMISES a occurrence) INSURED INSURER B:RepUbliC Indemnity Company of Ameri 22179 INSURER C :Underwriters at Lloyd's London 15792 Nova Partners, Inc. 855 El Camino Real #307 Palo Alto, CA 94301 INSURER D $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1-7 POLICY X PRO LOC PRODUCTS - COMP /OP AGG $2,000,000 INSURER E $ INSURER F: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS COVERAGES CERTIFICATE NUMBER: 862221824 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. 1�7R TYPE OF INSURANCE DL I UB POLICY NUMBER MMDDDY I POLICY EXY MI LIMITS A GE_ NERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR Y Y 000242447 /16/2014 /16/2015 EACH OCCURRENCE $1,000,000 DAM—AGE TO RENTE PREMISES a occurrence) $50,000 MED EXP (Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1-7 POLICY X PRO LOC PRODUCTS - COMP /OP AGG $2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS Y Y 000242447 /16/2014 /16/2015 Ea accident ) $1,000,000 BODILY 'INJURY (Per person) $ Ix BODILY INJURY Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 000243887 /16/2014 /16/2015 EACH OCCURRENCE $4,000,000 X AGGREGATE _ $4,000;000. . DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) IF yes, describe under DESCRIPTION OF OPERATIONS below NIA 16649909 11/2013 /1/2014 X WC STATU- 0TH -. E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT _$1.,000,000 - C Professional Liab. PGIARK0323700 /24/2013 /24/2014 Ea. Claim 2,000,000 Ea. 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. a,crc i irtn.w Lc nvLur-m GANGtLL.A I JUN City of GilroyCommunity Development Department 7351 Rosanna Street Gilroy CA 95020 USA ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. RIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD TION. All rights reserved POLICY NUMBER: 00024244 -7 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Gilroy, its officers, elected or appointed officials, I operations of the named insured employees, and agents 7351 Rosanna Street Gilroy, CA 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 00024244 -7 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, elected or appointed officials, employees, and agents All operations of the named insured 7351 Rosanna Street Gilroy, CA 95020 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 organiza- tions) 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 desig- nated and described in the schedule of this endorse- ment 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 E3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. 000242447 ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS SECTION If — Who Is An Insured is amended to include any person or organization you are required to include as an additional insured on this policy by written contract or written 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 respect to liability arising solely out 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 written agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written 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" 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 contract or written agreement and only for "bodily injury" or "property damage" that occurs during the policy period arising out of "your work" or "your product ". 4. 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. 5. Where no coverage under this policy shall apply 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 damage" arising out of the sole negligence of the Additional Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2009US 04 -10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. 000242447 HIRED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Coverage Limit of Insurance Additional Premium Hired Auto Liability $ 1 $1,000,000 1 $ Included The insurance provided under SECTION 1, - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course 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 of "bodily injury" or "property damage" arising 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 endorsement 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 following exclusions: This insurance does not apply to: "Bodily injury" or "property damage" arising out of any: (1) Uninsured or Underinsured Motorist law; 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 II — 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 person using a "hired auto" with your permission; and c. 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 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 employed in or otherwise engaged in duties in connection with an "auto business ", other than an "auto business" you operate; AP2126US 01 -08 Page 1 of 2 (4) The owner or lessee (of whom you are a sub lessee) of a "hired auto" or any agent or "employee" of any such owner or lessee; (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 HIRED AUTO LIABILITY: SECTION V — DEFINITIONS is amended by adding the following: 1. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos ". 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 officer" of yours. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2126US 01 -08 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY. Policv No. 000242447 WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS The Company agrees to waive any right of recovery against any person or organization, as required by written contract, because of payments we make for injury or damage which is limited to liability directly caused by "your work" which is imputed to such person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5004US 11 -06 Page 1 of 1 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Nova Partners POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: 5/16/2014 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: GENERAL LIABILITY • Additional Insured- Owner, Leesees or Contractors- Scheduled Person or Oganization per form: CG2010 07 -04 • Additional Insured- Owners, Leesees or Contractors- Completed Operations per form: CG2037 07 -04 'Waiver of Subrogation as required by written contract per form: AP5004US 11 -06 AUTOMOBILE LIABILITY: • Additional Insured when required by written contract per forms: AP2009US 04 -10 & AP2126US 01 -08 • Waiver of Subrogation as required by written contract per form: AP5004US 11 -06 0) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C ",�` 17� INCREASE TO THE AMOUNT OF AMENDMENT NO.6 — 7400 RAILROAD STREET CONSTRUCTION MANAGEMENT SERVICES, DATED MAY 29, 2014, PO No. 140873, TO THE ON- CALL CONSTRUCTION MANAGEMENT SERVICES AGREEMENT BETWEEN CITY OF GILROY AND NOVA PARTNERS, INC. 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. Nova Partners, Inc. provided a proposal to provide Architectural/Engineering and Project/Construction Management services for the Seismic Upgrades of the existing remaining Youth Center "Boxing" Building located at 7400 Railroad Street, as well as to work with PG &E to re- establish electrical service to the building, as follows: 1. Obtain the services of a structural engineer to provide drawings and calculations of the "Boxing Building" in order to meet the current building codes. 2. Prepare all bidding documents, Staff Reports along with conducting the Bidding process to obtain the services of General Contractor to perform the seismic upgrades. Work with City staff to issue and execute a formal contract agreement between the City and General Contractor. 3. Provide Project/Construction Management oversight of all design and construction activities from the early stages of design through project completion. 4. Work with PG &E to re- establish electrical service to the building which was previously served from the building that was demolished. for an amount not to exceed $34,875. The total purchase order would increase from its original amount of $157,109.92 to $191,984.92. All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by this Amendment. This Amendment extends the term of the Agreement for Services between the City of Gilroy and NOVA Partners, Inc. from January 2, 2015 to June 30, 2015. NOVA Partners, Inc. hereby agrees to perform the above work subject to the terms of this Amendment for additional project management services for 7400 Railroad St. ACCEPTED: Project Manager Date wit /is aitment Head Date ';I I is City