Hanna & Brunetti - 2010 Agreement for Library Project Construction Surveying
AGREEMENT FOR SERVICES
(For contracts of$5,000 or less)
This AGREEMENT made this 9th day of November 11" 2010, between:
CITY:
City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Hanna & Brunetti, having a principal place of business at 7651 Eigleberry
Street, Gilroy, CA 95020-5122.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on November 11" 2010 and will continue in effect
through December 09, 2010 unless terminated in accordance with the provisions of Article 7 of
this Agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor
and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall
be interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" within the
time periods described therein.
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Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULT ANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in Article
5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
Place of Work .
CONSULTANT shall perform the services required by this Agreement at any place or
location and at such times as CONSULTANT shall determine is necessary to properly and timely
perform CONSULTANT'S services.
ARTICLE 4. COMPENSATION
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT as provided for in Exhibit "B", "Payment Schedule".
Invoices
CONSULTANT shall submit invoices for all services rendered.
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Payment
Payment shall be due within thirty (30) days after receipt of invoice describing the work
performed during the preceding period. If CITY objects to all or any portion of any invoice,
CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the
invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall
not constitute a default or breach ofthis Agreement for CITY not to pay any invoiced amounts to
which it has objected until the objection has been resolved by mutual agreement of the parties.
Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the
performance of services for CITY, including but not limited to, all costs of equipment used or
provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed
against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall
not be responsible for any expenses incurred by CONSULTANT in performing services for
CITY
ARTICLE 5. OBLIGATIONS OF CONSULTANT
Tools and Instrumentalities
CONSULT ANT shall supply all tools and instrumentalities required to perform the
services under this Agreement at its sole cost and expense. CONSULT ANT is not required to
purchase or rent any tools, equipment or services from CITY.
Licenses
CONSULTANT shall possess a State of California Contractor's license in the
appropriate category for performing services under this Agreement. CONSULTANT shall obtain
a City of Gilroy Business License.
Workers' Compensation
CONSULTANT agrees to provides workers' compensation insurance for
CONSULT ANT'S employees and agents and agrees to hold harmless, defend with counsel
acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from
and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses,
liabilities and expenses, including without limitation attorneys' fees, arising out of any injury,
disability, or death of any of CONSULT ANT'S employees.
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Indemnification of Liability, Duty to Defend
A. As Respects Professional Liability:
To the fullest extent permitted by law, CONSULTANT shall defend through counsel
approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold
harmless CITY, its officers, representatives, agents and employees against any and all suits,
damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly
from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S
assistants, employees or agents, including all claims relating to the injury or death of any person
or damage to any property.
B. As Respects Other Liability:
To the fullest extent permitted by law, CONSULTANT shall defend through counsel
approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold
harmless CITY, its officers, representatives, agents and employees against any and all suits,
damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
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, 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 and aggregate. As a condition precedent to CITY'S
obligations under this Agreement, CONSULT ANT shall furnish evidence of such coverage
(naming CITY, its officers and employees as additional insured on the Comprehensive Liability
insurance policy referred to in (a) immediately above) and requiring thirty (30) days written
notice of policy lapse or cancellation, or of a material change in policy terms.
Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any
duties or obligations of CONSULT ANT under this Agreement may be assigned or subcontracted
by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
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State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for
paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
*CITY will not withhold FICA (Social Security) from CONSULTANT'S payments;
*CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf;
*CITY will not withhold state or federal income tax from payment to CONSULTANT;
*CITY will not make disability insurance contributions on behalf of CONSULTANT;
*CITY will not obtain workers' compensation insurance on behalf of CONSULTANT.
ARTICLE 6. OBLIGATIONS OF CITY
Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access,
at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULT ANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the occurrence of any of the following
events:
1. Bankruptcy or insolvency of either party;
2. Sale of the business of either party;
3. Death of either party.
Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially
breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving
written notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
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1. Not performing any of its services professionally and/or timely.
2. CONSULTANT'S breach of any of its representations. warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work satisfactorily completed
through the date of the termination notice, as reasonably determined by CITY, provided that such
payment shall not exceed the amounts set forth in this Agreement for the tasks described on
Exhibit "B" which have been fully, competently and timely rendered by CONSULTANT.
Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S
default in the performance of this Agreement or material breach by CONSULTANT of any of its
provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT
shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses
incurred by CITY in order to complete the tasks constituting the scope of work as described in
this Agreement, to the extent such costs and expenses exceed the amounts CITY would have
been obligated to pay CONSULTANT for the performance of that task pursuant to this
Agreement.
Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULT ANT all or any part of the compensation set forth in
Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a
default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate
this Agreement if such default is not remedied by CITY within thirty (30) days after demand for
such payment is given by CONSULTANT to CITY.
Transition After Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of its services, and shall act in such a manner as to facilitate any new
CONSULTANT'S assumption of duties.
ARTICLE 8. GENERAL PROVISIONS
Notices
Any notice to be given hereunder by either party to the other may be effected either by
personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to a party at the address appearing below such
party's signature below, but each party may change the address by written notice in accordance
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with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt;
mailed notices will be deemed delivered as of three (3) days after mailing.
Entire Agreement of the Parties
This Agreement supersedes any and all prior agreements, either oral or written, between
the parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which is not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
Any modification of this Agreement will be effective only if it is in writing signed by both
parties.
Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
Americans With Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans With Disabilities Act of 1990 ("the Act") in its current
form and as it may be amended from time to time. The Contractor shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation attorneys' fees, that may arise out of any violations of the Act by the
CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of
either.
Compliance With Laws
The CONSULTANT shall keep itself informed of all State and National laws and all
municipal ordinances and regulations of the CITY which in any manner affect those engaged or
employed in the work, or the materials used in the work, or which in any way affect the conduct
of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
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basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to
enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to
reasonable attorneys' fees, which may be set by the court in the same action or in a separate
action brought for that purpose, in addition to any other relief to which that party may be entitled.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the
State of California.
Executed at Gilroy, California, on the date and year first above written.
~i
BY:~~
Amanda Wilson
(Print Name)
CITY:
~ROY _
By: ~
Name: Tom Haglund
Title: City Administrator
CONSULTANT:
Address for Notices:
Address for Notices:
7651 Eigleberry Street
Gilroy. CA 95020-5122
Attn: Amanda Wilson
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Administrator
Social Security or Taxpayer
Identification Number:
94-1636472
Approved as to Form
C(~~
City Attorney
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EXHIBIT "A"
I. SCOPE OF SERVICES
Proposed Services
CONSTRUCTION SURVEYING
Hanna & Brunetti will provide the following construction surveying services: form verification.
All construction surveying fees are based on a maximum of six (6) move-ins, one (1) per
verification. Additional move-ins shall be considered "additional services" and be billed on a
time and materials basis per the attached rate schedule.
Extra surveying will be on a time and materials basis at our current fee schedule with work
authorized by an authorized representative of the Client. We will work closely with the
Contractor to verify forms once the forms are completely set. All field work shall be scheduled
for 4-hour minimum blocks of work. Notification of need for a field survey crew shall be given
no later than 48 hours prior to the need for the crew.
PHASE 1- FORM VERIFICATION
Hanna & Brunetti, upon request of the client, will provide a one-time form verification of the
building form elevation and setbacks and provide form certification letter as required by the City.
Any corrections in grading that require additional field verifications by office or field personnel
shall be done on a time and materials basis.
Fees
LIBRARY PHASE II
$4,500 total
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence services upon delivery to CONSULTANT of written
Notice to Proceed.
B. COMPLETION OF SERVICES
When CITY determines that CONSULT ANT has satisfactorily completed all of the
services defined under this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has satisfactorily completed
all of the services under this Agreement, and if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
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satisfactorily completed all of such services, CITY shall so inform CONSULT ANT within this
two (2) week period.
III. SCHEDULE
Schedule
Hanna & Brunetti will perform the form verifications every Friday (or as requested) until
the five from verifications are complete.
Extra surveying will be on a time and materials basis at our current fee schedule with
work authorized by an authorized representative of the Client. We will work closely with
the Contractor to verify forms once the forms are completely set. All field work shall be
scheduled for 4-hour minimum blocks of work. Notification of need for a field survey
crew shall be given no later than 48 hours prior to the need for the crew.
IV. DIRECT EXPENSES
Direct expenses are charges and fees not included in the Scope of Services described
above. CITY shall be obligated to pay only for those direct expenses which have been previously
approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to
incurring or billing of direct expenses.
Copies of pertinent financial records, including InVOiCeS, will be included with the
submission ofbilling(s) for all direct expenses
III. GENERAL PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
B. RESPONSIBILITY OF CONSULTANT
CONSULT ANT shall be responsible for the professional quality, technical accuracy, and
the coordination of the services furnished by it under this Agreement. The CITY'S review,
acceptance or payment for any of the services required under this Agreement shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable
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to CITY in accordance with applicable law for all damages to CITY caused by
CONSULTANT'S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at
any and all reasonable times, to audit the books and records (including, but not limited to,
invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of
verifying any and all charges made by CONSULTANT in connection with this Agreement.
CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final
payment to CONSULT ANT), or for any longer period required by law, sufficient books and
records in accordance with standard accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY'S request.
D. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the
credit of CITY or incur any obligation in the name of CITY.
E. OWNERSHIP OF MATERIAL.
All material (including information developed on computer(s)) prepared (or caused to be
prepared) under this Agreement shall be the property of CITY.
F. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of
any third party or parties, and no third party or parties shall have any claim or right of action
hereunder for any cause whatsoever.
G. WAIVER.
CONSULT ANT agrees that waiver by CITY of anyone or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
H. AMENDMENTS.
No alterations or changes to the terms of this Agreement shall be valid unless made in
writing and signed by both parties hereto.
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I. CONFLICT OF INTEREST.
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of
any public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
J. CAPTIONS.
The captions of the various sections, paragraphs and subparagraphs of this Agreement are
for convenience only and shall not be considered nor referred to for resolving questions or
interpretation.
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EXHIBIT "B"
PAYMENT SCHEDULE
Fees
LIBRARY PHASE II
$4,500 total
Extra surveying will be on a time and materials basis at our current fee schedule with
work authorized by an authorized representative of the Client. We will work closely with
the Contractor to verify forms once the forms are completely set. All field work shall be
scheduled for 4-hour minimum blocks of work. Notification of need for a field survey
crew shall be given no later than 48 hours prior to the need for the crew.
Hanna & Brunetti, upon request of the client, will provide a one-time form verification of
the building form elevation and setbacks and provide form certification letter as required
by the City. Any corrections in grading that require additional field verifications by office
or field personnel shall be done on a time and materials basis.
Hanna & Brunetti acknowledges that pursuant to Article 4, paragraph A of this Agreement for
Services, that the total fees due under this Agreement cannot exceed the estimate set forth in
Exhibit "D" in an amount of $4.500.00 without the prior written authorization of the CITY.
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Client#: 174
HANNABRUN
ACDRDTM CERTIFICA
BILITY INSURANCE
DATE (MM/DDNY)
11/03/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Dealey, Renton & Associates
P. O. Box 12675 Attn: KXC
Oakland, CA 94604-2675
510465-3090
NOV - 4 2010
ENGIf\__i ... .
INSURERS AFFORDING COVERAGE
Hanna & Brunetti DBA; Assoc.
Engineering & Survey. Srvs,lnc
7651 Eigleberry Street
Gilroy, CA 95020
COVERAGES
INSURER A: Travelers Property Casualty Co of Am
INSURER B: American Automobile Ins. CO.
INSURER c: XL Specialty Insurance CO.
INSURER 0:
INSURER E:
INSURED
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.
NSR TYPE OF INSURANCE POLICY NUMBER Pgk'fl,f,x,ggJ.X\' P%~fl (~&Jo~lllr LIMITS
LTR
A GENERAL LIABILITY 6805489L396 10/30/10 10/30/11 EACH OCCURRENCE $2 000.000
-
X- COMM ERCIAL GE~!ERAL LIABILITY FIRE DAMAGE (Anyone fire) $1 000000
- ~ CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $10.000
X Contractural PERSONAL & ADV INJURY $2 000.000
Liability Incl. GENERAL AGGREGATE $4 000 000
~'L AGGRErilUMIT APPlS PER: PRODUCTS -COMP/OP AGG $4 000,000
POLICY X j~& LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
(Per accident) $
- NON-OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
O'OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WZP80985915 09/01/10 09/01/11 X 1~~~Tf:l,~-., I IOJ~-
EMPLOYERS' LIABILITY $1,000,000
~H ACCIDENT
E.L. DISEASE. EA EMPL OYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
C OTHER Professional DPR9688707 10/30/10 10/30/11 $2,000,000 per claim
Liability $2,000,000 annl aggr.
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
services.
RE: Library Project Mgmt.,Gilroy Library
(See Attached Descriptions)
CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIOtl
City of Gilroy DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3.O...-DAYS WRITTEN
Attn: Dan Johnson NOTICE TOTH E CERTIFICATE HOLDERNAMED TOTHELEFT, BUTFAlLURE TODOSOSHALL
7351 Rosanna Street IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER,ITSAGENTS OR
Gilroy, CA 95020 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE /f1J^^tli:6"
I ~h"''''''''''' ">-n .
ACORD 25-5 (7/97)1 of 2
#M275919
PBS
@) ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
GENERAL LIABILITY ADDITIONAL INSURED: City of Gilroy, its officers,
officials, employees and volunteers
AMS 25.3 (07/97) 2 of 2
#M275919
. . . COMMERICAL GENERAL LIABILITY
Hanna & Brunetti DBA: Assoc. Engineering & Survey Svcs., Inc.
Policy #: 6805489L396 REC~r' '--~
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOV - 4 2010
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYOR~~GII\L-~' ,;,
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a
"contract or agreement requiring insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury", "property damage" or "personal injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you; or
c. In connection with "your work" and included
within the "products-completed operations
hazard" .
Such person or organization does not qualify as
an additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render-
ing of or failu re to render any "professional
services" .
f. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
CG 0381 0907
INSURANCE (Section III) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage 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 addi-
tional 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". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is 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 CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
@ 2007 The Travelers Companies, Inc.
Includes the copyrighted material of Insurance Services Office, Inc., with its permission.
Page 1 of 2
COMMERICAL GENERAL LIABILITY
injury" or "property damage" occurs, or the "per-
sonal 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 un-
der which you are required to include a person or
organization as an additional insured on this Cov-
Page 2 of 2
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the "personal in-
jury" 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.
@ 2007 The Travelers Companies. Inc.
Includes the copyrighted material of Insurance Services Office, Inc., with its permission.
CG 03 81 09 07