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Blair, Church & Flynn - Amendment No. 2
: tG l AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND BLAIR, CHURCH & FLYNN FOR JOINT TRUNK SEWER MAIN REPLACEMENT 14 -PW -208 DATED NOVEMBER 30, 2011 AMENDMENT NO.2 This Amendment shall become effective when it has been signed by the City Administrator, Project Manager, and Consultant. All copies forwarded to Consultant for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Consultant's copy will be returned to him as his authori ty to proceed with the work. As per attached proposal, this amendment is for additional design services for Joint Trunk Sewer Main Replacement Project, in an amount not to exceed $9,600.00. Additional design services were requested to address severely deteriorating sanitary sewer which was an unforeseen field condition. The Term of Agreement is hereby extended through January 0, 2016. 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 By2WVo4e- y� Karl E. Kienow, PE Date 7 11d/ggls ACCEPT] Blair, Chu rn n (V , )N-t11W, FN-NFL- Nadia Garcia City of Gilroy Public Works Department 7351 Rosanna Street Gilroy, CA 95020 Subject: City of Gilroy Joint Trunk Sewer Replacement Proposed Amendment No. 2 to Agreement Dear Nadia: Karl E. Kienow, PE, Principal • kkienow@bcf- engr.com 451 Clods Ave, Suite 200 • Clovis CA 93612 • Tel (559) 326 -1400 July 10, 2015 File No. 208 -0317 During project construction, it was discovered that approximately 255 linear feet of the trunk sewer pipeline immediately downstream of the project is in badly deteriorated condition. The City desires to remove and replace the deteriorated trunk sewer under a change order to the project. The City also wishes to construct a bypass sewer that could be used during replacement of the deteriorated pipe, and could also be left in place for future bypass needs and to serve as a relief sewer under unexpected sewer surcharge conditions. Blair, Church & Flynn proposes to provide the engineering services described in the following paragraphs in connection with the replacement of the deteriorated trunk sewer. 1. Develop a concept design for the bypass sewer. 2. Prepare a concept exhibit for the bypass sewer, and submit the exhibit to the City for review. 3. Make any necessary revisions to address City review comments. 4. Prepare construction details for the connection of the bypass sewer to the structures at its upstream and downstream ends. 5. Review and comment on the Contractor's change order proposal for the work. 6. Provide customary support services for construction of the bypass sewer and removal and replacement of the deteriorated pipeline. We request additional compensation in the amount of $9,600 for the engineering services described above, to be applied to the Construction Phase Services budget. This would result in amended task budgets as shown in the following table. 208317_1tr_NadiaG _2015- 07 -10.d- www1cf- en9r.com City of Gilroy Joint Trunk Sewer Replacement Proposed Amendment No. 2 to Agreement Page 2 of 2 Task Description Current 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 20,440 20,440 Final PS &E 14,780 14,780 Bidding Phase Services 4,600 4,600 Construction Phase Services 20,800 30,400 Total Amounts: $ 132,130 $ 141,730 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. We suggest an extension through January 1, 2016 unless the City has other preferences. 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 aenow , PE Principal Blair, ynn 208317 Itr Naai.G 2015- 07 -10.d- r of Alorullo ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 10/07/2014 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 poiicy(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): - -' -- - - - PRODUCER -_:_.. - Dealey, Renton & Associates P.O. BOX 12675 - Oakland, CA 94604 -2675 A .. _.. NAME: .. PHONE 510 465 -3090 510452 -2193 E-MAIL ADDRESS: - INSURERS AFFORDING COVERAGE NAIC8 510 465 -3090 INSURER A: Sentinel Insurance Co. LTD 11000 INSURED Blair, Church & Flynn INSURER B: Travelers Property Casualty Co 25674 INSURER c: Travelers Casualty & Surety Co. 31194 Consulting Engineers, Inc. INSURER D Hartford Fire Ins. Co. 19682 451 Clovis Avenue, Suite 200 Clovis, CA 93612 INSURER E PRODUCTS - COMNOP AGG . INSURER F _ Pr\\ICoAGC¢ CFRTIFICATF NIIMRFR• REVISION NUMESER[ 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 CONTRACTOR 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. IN RR TYPE OF INSURANCE DL.;SUB POLICY NUMBER Pip EFF UM EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IF OCCUR 57SBWBD1178 GENERAL LIAB EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES 1010212014 - -- - 10/02/2015 EACH OCCURRENCE $1,000,000 pEAHH PREMISES EaENm�irrence 51 000 1 000 MED EXP(Any one Person) $10000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 - GENL AGGREGATE LIMIT APPLIES PER: POLICY X PR° LOC PRODUCTS - COMNOP AGG . $2,000 000 — -- _ $ _..__ . _:.. . D AUTOMOBILE LIABILITY ALL OWNED SCHEDULED AUTOS AUTOS Ix ANY AUTO HIRED AUTOS I X NON-OWNED AUTOS 57UEGVX4735 - 01021201410/021201 EOa�deentSINGLELIMIT 1,000,000 - BODILY INJURY (Per person) S BODILY INJURY (Per accident $ PROPER PROPERTY DAMAGE 3 - - $ A X UMBRELLA LIAB EXCESS LUIB X OCCUR CLAIMS -MADE 57SBWBD1178 1010212014 10102/2015 EACH OCCURRENCE s5,000,000 AGGREGATE 55 OOO OOO DIED I X RETENTION$10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICEROPMEM ER EXCLUDED ECUTIVE51 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA I UB3785TB25 1010212014 10/02/201 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 Liability _ 105987355 9/02/2014 10/02/2015 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7351 Rosanna Street ACCORDANCE WITH THE POLICY PROVISIONS. Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S 1130814/M 1130006 BMA Insured: Blair, Church & Flynn Insurer: Sentinel Insurance Co. LTD Policy Number: 57sBWBD1178 Policy Effective Date: 10/02/2014 Additional Insured: Name of additional insureds, cont'd: The City of Gilroy, its officers and employees EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORA 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 injurer' 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.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 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. Client #: 1329 BLAIRCHUR ACORD CERTIFICATE OF LIABILITY INSURANCE DATE03 /20lY 09;03120 4 14 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 CONTACT Jo Lusk NAME: Dealey. Renton & Associates I PHO No_Ext): 510 465 -3090 FAX 510 452 -2193 _- _. _._ (A.'C. No): P. O. Box 12675 E -MAIL ADDRESS Oakland. CA 94604 -2675 INSURER(S) AFFORDING COVERAGE NAIC • 510 465 -3090 INSURER A, Sentinel Insurance Co. LTD 11000 INSURED Blair, Church & Flynn Consulting Engineers, Inc. 451 Clovis Avenue, Suite 200 Clovis. CA 93512 INSURER B: Travelers Property Casualty Co 25674 INSURER c . Travelers Casualty & Surety Co. 31194 INSURER D : Hartford Fire Ins. Co. 19682 INSURER rnVS=aenGC rFRTIFIrATF NIIMRFR- RFVISION NUMRFR- 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 CONTRACTOR 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 AODL SUER LTR TYPE OF INSURANCE ISR I POLICY NUMBER POLICY EFF POLICY E %P MM1DD MM /DD/YYY`r1_ _ SRS A GENERAL LIABILITY 57SBWBD1178 0/02/2014 10/02/201 $1,000,000 X COMMERCIAL GENERAL LIABILITY pEAACCHGOECCURRENCE PREMISES To RENTED $1,000,000 - -� CLAIMS -MADE OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO- LOC $ D AUTOMOBILE LJABILITY 5TUEGVX4735 0/02/2014 10/02/201 FOMBINED(SINGLE LIMB 1,000,000 Xj ANY AUTO $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS X HIRED AUTOS I X I NON -OWNED — -- AUTOS I PROPERTY DAMAGE Par accident $ $ 1 A X UMBRELLA UAS X OCCUR 57SBWBD1176 0 /02 /2014,10/02/2015 EACH OCCURRENCE 1$5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $5,000,000 - -- DEC) X RETENTIOty$1O 000 $ _ -_ - 1 WORXERS COMPENSATION B U83785T825 10/02!2014 10/02/2015-k TO Y LiMij OTH- AND EMPLOYERS' LIABILITY N, — ANY PROPRIETORIPARTNERIEXECUTIVE.Y I E L EACH ACCIDENT $12000,000 RIMBER EXCLUUEU? i N NIA -------- - - - - -- -- -- - - - -- (OFFICEory E.L. DISEASE - EA EMPLOYEE $1,000,0 0 If yes, describe under DESCRIPTION OF OPERATIONS Below E.L. DISEASE - POUCY LIMIT $1,000,000 C Professional 105987355 0910212014:1010212015 $2,000,000 per claim Liability 1 i $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if 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. CERTIFICATE HOLDER CANCELLATION City Of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y tO y THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 7351 Rosanna Street ACCORDANCE WITH THE POLICY PROVISIONS. Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010,'05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1091570/M1091530 JXL Insured: Blair, Church & Flynn Insurer: Sentinel Insurance Co. LTD Policy Number. 57SBWBD1178 Policy Effective Date: 10/OM014 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 primary 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 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.