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HomeMy WebLinkAboutBlair, Church & Flynn - Amendment No. 11y p F G/I �0 AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND BLAIR, CHURCH & FLYNN DATED NOVEMBER 30, 2011 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. As per the attached proposal, this amendment is for additional design services for Joint Trunk Sewer Main Replacement Project, in an amount not to exceed $16,130.00. The Term of Agreement is hereby extended through June 30, 2015. 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. Blair, Church & Flynn hereby agrees to perform the above work subject to the terms of this Amendment for additional design services for Project No. 14 -PW -208. Consultant: Blair, Church & Flynn By Karl E. Kienoow, PE Date %�z� /%¢ ACCEPTED: Proj 115/15 1--f Date Z /`0b/ts Date Blair, ruh rch '-ON',ULT ING ENGINEL R'- David Stubchaer, PE Operations Manager City of Gilroy Public Works Department 7351 Rosanna Street Gilroy, CA 95020 Subject: City of Gilroy Joint Trunk Sewer Replacement Proposed Amendment to Agreement Dear David: Karl E. Kienow, PE, Principal • k6- en0.@bci- engr.com 451 Clovis Ave, Suite 200 • Clods CA 93612 • Tel (559) 326 -1400 June 20, 2014 File No. 208 -0317 The following table provides a summary of the original compensation budget structure under our agreement for the subject project, along with the current compensation budget that reflects adjustments between tasks made in February 2014. Task Description Original Budget Adjusted Bud et Project Startup and Management $ 5,300 $ 5,300 Preliminary PS &E 60,900 60,900 Utility and Agency Coordination 5,310 5,310 Draft Final PS &E 11,770 20,440 Final PS &E 6,110 14,780 Bidding Phase Services 5,810 1,410 Construction Phase Services 20,800 7,860 Total Current Budget: $ 116,000 $ 116,000 The transfer of budget amounts between tasks was done pursuant to discussions with Saeid Vaziry in light of increased design effort required during the Draft Final PS &E and Final PS &E tasks. The following numbered paragraphs provide a brief summary of the considerations that resulted in additional design effort. 1. Additional design effort was required to add bored and jacked steel casings at all PG &E electrical transmission tower facilities, after PG &E directed that no open cut excavation would be permitted within 25 feet of the tower facilities. 2. Additional design effort was required pursuant to the City's determination that no new easements would be acquired for the project, requiring that all new sewer facilities be situated within the limited existing easements. This required trunk sewer alignment revision, the design of additional bored and jacked steel casing for the trunk sewer, the design of a service sewer installed by horizontal directional drilling (HDD) methods, and additional specification content. This also required extensive coordination with bore and 2083171tr_DavidS_2014- 06- 20.doc www.bcf- engr.com City of Gilroy Joint Trunk Sewer Replacement Proposed Amendment to Agreement Page 2 of 3 jack contractors, and manufacturers of bore and jack equipment, to develop a design that would allow jacking pits to fit within the limited existing easements. 3. Additional effort was required for preparation of Technical Specifications to change from the initial non -CSI formatting and numbering intended to be used with the City of Gilroy Standard Specifications and Caltrans Standard Specifications, to use CSI MasterFormat formatting and numbering with front -end boilerplate provided by MWH, as directed by MWH. 4. Further additional effort was required for preparation of Technical Specifications to change from the then - current MasterFormat 2004 formatting and numbering to the outdated MasterFormat 1995 formatting and numbering, adopting the outdated numbering style used for the front -end boilerplate provided by MWH, as directed by MWH. 5. Additional effort was required for profile revisions to provide increased vertical clearance at the crossing of the Princevalle Channel as directed by SCVWD, after initial direction had been given to match or exceed the same clearance as the existing sewer being replaced. The increased vertical clearance was evaluated and was found to be impossible to provide without creating an inverted siphon. We coordinated with SCVWD to negotiate a lesser clearance requirement, and revised the profile design accordingly, without incorporating a siphon. 6. Additional site visits and topographic surveys were necessary to locate buried manholes on the existing 33 -inch trunk sewer. The City did not have design plans or as -built plans for the existing sewer, and additional site visits and topographic surveys were necessary to determine approximate locations so they could be dug up by City forces and then accurately located by survey crews. Access was also necessary at the buried manholes for local video inspection intended to assess whether or not the pipe was in sufficiently good condition to accommodate diverted wastewater flow from the existing 24 -inch trunk sewer. 7. Additional effort was required to obtain information for the existing sewer easements, as the City did not possess the easement information. We coordinated with title company personnel and obtained fee -based access to a title company document service that allowed us to research and obtain the easement information for use on the project. We request additional compensation in the amount of $16,130, to restore the Bidding Phase Services budget to an amount matching actual Bidding Phase costs, and to restore the Construction Phase Services budget to its original level. This would result in amended task budgets as shown in the following table. B�lair, � QGFI rc n Yn 208317 It Da�idS 2014- 06- 20.d.. City of Gilroy Joint Trunk Sewer Replacement Proposed Amendment to Agreement Page 3 of 3 Task Description Original Budget Proposed Amended Budget Project Startup and Management $ 5,300 $ 5,300 Preliminary PS &E 60,900 60,900 Utility and Agency Coordination 5,310 5,310 Draft Final PS &E 11,770 20,440 Final PS &E 6,110 14,780 Bidding Phase Services 5,810 4,600 Construction Phase Services 20,800 20,800 Total Amounts: $ 116,000 $ 132,130 We also request a contract time extension sufficiently beyond the planned completion of construction to allow time for the preparation, review and approval of record drawings. I presume that the increase in compensation and time extension requested by this letter, if approved, will require an amendment to the agreement. Please contact me I can be of assistance in the preparation and processing of an agreement. Thank you for your consideration. Please let me know if you have questions or comments, or if you require additional information in support of this request. Best Regards, BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS Karl E. Kienow, PE Principal Blair, Wh l rch 205311 6 D-idS 2014- 06 -20.d- Client#: 1329 BLAIRCHUR ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD(MM/DD// YYM/) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE_ IN IS SUBJECT TO ALL THE TERMS, 0910312014 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 poliicy(ies) must be endorsed If SUBROGATION IS WANED, 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). I PRODUCER I NCAOANWTACT :. Jo Lusk Dealey, Renton S Associates PHONE 510 465 -3090 510452 -2193 A/C No. E:t :. A/C No : P. O. BOX 12675 E-NwL I ADDRESS: Oakland, CA 94604 -2675 St O 465 -3090 1 S) AFFORDING COVERAGE NAIL 4 INSURER A, Sentinel Insurance Co. LTD 11000 INSURED INSURER B: Travelers Property Casualty Co 25674 Blair, Church Flynn INSURER C: Travelers Casualty & Surety Co. 31194 Consulting Engineers, Inc. INSURER D: Hartford Fire Ins. Co. 19682 451 Clovis Avenue, Suite 200 INSURER E : Clovis, CA 93612 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 HERE_ IN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'PAID CLAIMS. LTR TYPE OF INSURANCE INSR W O POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY 57SBWBD1178 1010212014 10102201 EACH $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR gqG�OCCURRENCE PREMISES Ea �nte $1,000,000. MED EXP (Arty one person) $10,000 - PERSONAL BADV INJURY - $1,0W,000 kGEILAGGREGATE GENERAL AGGREGATE $ 000,000 LIMB APPLIES PER PRODUCTS - COMP/OP AGG $ OOO,OOO PRO - POLICY CT LOC __ .- $ D AUTOMOBILE LIABILITY 57UEGVX4735 0/02/2014 10/02/201 COMBINED SINGLE LIMIT Ea acddeot 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS AUTOS Ix PROPERTY DAMAGE eracaderrt $ $ A X UMBRELLA LWB X OCCUR 57SBWBD1178 0/0212014 10/02/2015 EACH OCCURRENCE $5,000,000 AGGREGATE '.. s5,000,000 EXCESS LWB CLAIMS -MADE DED X RETENTION $10,000 $ B 11 C°>rPENSAn°N AND EMPLOYERS L ABRnY ANY PROPRIETORIPARTNER/EXECUTIVEfY OFFICERIMEMSER EXCLUDED? u N/A UB3785T825 0/0212014 10/02201 X WC STATU- OTH- E.L. EACH ACCIDENT S1. OOO 000 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 OOO,OOO C Professional 105987355 D910212014 10/02/2015 ,000,000 per claim Liability $2,000;000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. B more space Is required) - General Liability policy excludes claims arising out of the performance of professional services. All Operations of Named Insured. The City of Gilroy, its officers and employees are named as additional insureds with respects to General and Auto Liability, per policy form wording. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.. AUTHORIZED REPRESENTATIVE All riahts reserved, ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10915701M1091530 JXL Insured: Blair, Church s Flynn Insurer Sentinel Insurance Co. LTD Policy Number. 57SBWBDI178 Policy Effective Date: 1010=014 Additional Insured: Name of additional insureds, conrd: The City of Gilroy, its officers and employees EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.S. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,. written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is prmiary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supptementary!Payments, we have made under this Coverage Part, . we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. f444F. 44941 01 A10t-U110 ACORD. CERTIFICATE OF LIABILITY .INSU RANCE DATE Pe"'Do' I "Y" 1010712014 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS cathAcATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE cowitAr.E AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE XCONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. ...... IMPORTANT: ff the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION 'subject to GATI. IN 1S W the terms end condidons'of the policy, certain policies may require an endorsement A statement an thW cert.111caPs does notreonfe. -rights to the - - - certificate holder In lieu of such endorsemermt(0. . . .... PRODUCER. -7""' Dealpy, Refflkq 4i Assoplatbi P. O. 66X'12675 Oalda d, CA 946 -2675 . . 04 510 465 -3090 EaRTALT NAME , J ..... . P"O 465-3090 -2193 (Ar-% Eld: 510 ,519.45Z E-KAIL ADDRESS: INSURERM AFFORDWO COVERAGE NAIC 0 INSURER A:.Sentinel Insurance Co. LTD Blair, Church & Flynn Consulting Engineers, Inc. 451 Clovis Avenue, Suite 200 Clovis, CA 936112 munR a, Travelers Property Casualty Co 25674 INSURER C: Travelers Casualty A Surety Co. 31194 INSURER o: Hai . tford Firelps. Co. 119682 INMIRER E�: MED IMP WV am INSURER F: PERSONAL AM, INJURY COVIFFRAGIES . � . CERTIFICATE NUMBER! REVIBION NUMBER! THIS IS TO CERTIFY. THAT THE POLICIES OF INSURANCE LISTED. BELOW HAVE BEEN ISSUED TO THE INSUREDL NAMEDASOVE,F.OR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 'TO WHICH THIS CERTIFICATE MAY BE tssuED.cR MAY REQUIREMENT, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN , IS SUBJECT TO ALL THE TERMS, ExcLusioNs AND CONDITIONS OF SUCH PouciEs. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID •CLAIMS. LTR TYPE OF INSURANCE ADM am W100 POLICY NUMBER 11WEM ANUM LIM" A GENERAL uAau" X commawx& oENERAL uAsLrry 7 CLMMS-MADE FXI OCCUR 5736VVBDI 178 GENERAL LIAR EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL. SERVICES 10102d014: J MM015 EAmoccuRRENcE MarOM 1 o. $1,000,000 MED IMP WV am $10,000 PERSONAL AM, INJURY $1,000;000 c AGWIEGATE s2,000,000 GEM% AWREGATE UMrr APMES PER; 7 POLCY 7X PRO- 7 JIM LOC PRODUCTS -COMP1OPAao.% s2,900,000•- $ AVOKOB11I.E.U.AORM X ANY AUTO �.ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED. ALnos 57UEG 35-- ..io/o2rAl4lO/O7j2Ol5-R="2y�'R..--.$l,DCOb66 BOD& INJURY (Flo X PROPERTY DAMAGE* A X um mm' AuAs EXCESS LIAB X OCCUR CUMMSMADE 57SBWBD1178 1010212014 10(02/2015, EAcHoccuRRENcE $5,000,000 AGGREGATE $5,000,000 I XIIIETIRMONS110000 ': s WORMISCOM[PENSAT1 AND EMPIJOYEW UABLffY YIN ANY P.ROPRIETORIPARTNERIEXECUTTVE OFFICERAIEMEIER EXCLUDED? J-1 DED? rN pftndgm , _ _ylnM_q DMAMON WOKF WCLP8;?AnoNs MIA UB3711115M5 01022014 I0/020115 X wcsrATV OFRTS4 E.L. EACH ACCIDENT $1,000,000 El DISEASE - EA EMPLOYEE $1,000,000 E-L DisEAs E - Poucy umrr ! sl,000,000 C Profeesional Liability 105987355 09A02120114 11=212011 11 $2,000,000 Per claim $2,000,000 annl aggr. assawmaN OF o0sRATIONS I LOCATION I VEHICLES (Attach ACORD 101, AdOgmal Remarks SdmWul% If more spon In requirec!) An operations of Named Insured The City of Gilroy, its officers and employees are named as additional Insureds with respects to General and Auto Liability, per policy form wording. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIESSE-CANCEI.LED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESEN`rATIVE ACORD 25 (2010105) 1 of I The ACORD name and logo are registered marks of ACORD OS11308141MI130006 DR06RAON. All rights. reserved. BMA Insured: Blair, Church & Flynn Insurer: Sentinel Insurance Co. LTD Policy Number. 57SBWBDI I78 Policy Effective Date: 10/02/2014 Additional Insured: Name of additional insureds, oonrd: The City of Gilroy, its officers and employees EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When .Required By Written Contract, Written Agreement Or Permit The.person(s) or organizations) identified in Paragraphs a- Ahrough f..below.are additional . insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work and included within the "products completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury/' or "property damage" included within the 'products-completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "properly damage" or "personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought E.7.b.(7).(b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract written agreement. or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.S.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.