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Harley Ellis Devereaux - 2009 Agreement - Library Project - Amendment No. 8AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HARLEY ELLIS DEVEREAUX FOR GILROY LIBRARY DATED AUGUST 2, 2009 AMENDMENT NO.8 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. See attached HED contract Amendment # 8 (not -to- exceed $24,000.00) which includes identified tasks associated with the Library's Building Management System Commissioning Scope under Measurement & Verification for LEED that has been requested by Harley Ellis Devereaux during the Measurement & Verification for LEED Phase of the on -going Library Project that are outside the scope of the original contract and subsequent modifications.. This Amendment extends the term of the Agreement for Services between the City of Gilroy and Harley Ellis Devereaux, dated January 20, 2012 to April 30, 2013. 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. Harley Ellis Devereaux hereby agrees to make the above changes subject to the terms of this Amendment for ongoing acquisition/relocation services. Consultant: Harley Ellis Devereaux By David Richards Date S / /S // > - ACCEI AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HARLELY ELLIS DEVEREAUX FOR THE GILROY LIBRARY DATED AUGUST 2, 2009 AMENDMENT NO. S MP 0 id HARLEY ELLIS DEVEREAUX 601 South Figueroa Street Suite 500 Los Angeles, Cslir002 90017 1 USA tel 213.542.4500 1 taK 213.542:1515 hsdeyellisdeverea ux.corn Date: 5/11/12 New Project: Customer: City of Gilroy Existing Project: yes Project Name: Gilroy Library -- Added Project No: 2009- 00015 - 000- TC6500 Measurement & Verifications Services Distribution: Smelser; file Person Requesting Design Service: Rick Smelser Description of Design Service: In order to assure the successful long term function and operation of the Library's BMS- controlled systems, we believe that an expansion of the current Commissioning Scope under Measurement & Verification is required. The tasks under Paragraph #1 below are already included in the fee covering M &V through 4/30/13. 1. Warranty verification and development of the M &V Plan. This includes die following scope and duties: a. Preparation of M &V Plan based on the original Energy Model. b. Collection and review of the monthly energy use data, and forwarding of vetted data to the energy modeler to calibrate the model (via e -mail w/ the County or City to obtain copies of the relevant energy bills). c. One site visit at 10 months after commencement of M &V to review systems performance and verify any issues needing warranty support for follow -up by the GC. d. Provision of all data and content for the M &V- related LEED submittals wider Enhanced Commissioning, The tasks under Paragraph #2 are work beyond the standard level of M &V /Enhanced Cx covered by our contract, and will be necessaty to fully enable users to correctly operate and maintain the building's systems. The proposed extra systems oversight is aimed at using experienced hands -on and eyes watching the actual building performance in real time, including: e. Using the BMS screens and control monitors, make observations, check on sequences and set points for normal, or any abnormal conditions; resolve real -time abnormalities. f. Conduct monthly site visits, and meet with the library staff, including maintenance staff, to discuss /confirm, resolve any issues; at least weekly remote monitoring of all systems, and on -call response to questions /calls from users thru 4/30/13. g. During warranty period, help keep building performance on track against baseline and updated energy model /usage data. Design Service Requestdoc (Revised 11.05) 1 \LAX- HAR- FILE01 \Studio Projects \Higher Education\City of Gilroy\2009.00015 -000 Gilroy Lib Base An4lysis \ProjMgrnWR0P0SA1_S \8 Add Service for Library M &V\120511 DSR 8 - Gilroy Library - M &V.doc iPHARLEY ELLIS DEVEREAUX Design Service Request h. Build spreadsheets to explain the energy use and costs. This will assist w /energy system performance evaluation and coordination w /system adjustments. i. Final calibration of the building and control systems based on re- analysis of first year's energy data as inputs for new energy model. Design Service Fee: The proposed fee for these services will be an hourly rate for Orry Nottingham (as well as any HED coordination /engineering time) of $125 /hour with a not to exceed limit of $19,000. Any additional expense would have to be audnorized in advance by the City. Reimbursable expenses, as defined ii the original agreement, shall not exceed $5,000 (Five Thousand Dollars) without prior authorization by the City. Reimbursable expenses will include provision of a Civil Engineer's survey of the project site. Design Service Schedule: Commensurate w /existing project schedule and City of Gilroy requests for service. Please acknowledge Customer's acceptance by signing in the space set forth below and return one signed original to our office. Harley Ellis Devereaux will proceed with this Design Service Request upon receipt of this signed document. Upon your approval, this request will be followed up with a formal Contract, Supplemental Agreement and or a Contract Modification. Architect: Harley Ellis Devereaux Cu A7, & t re Sig ,U. /T - 096W S- A *A(61(0 Printed Name and Title Date Date TQrrw (0 l 112- =f h CI *'1 ^ZP7(S Project No. Error! Reference source not found. Page 2 of 2 Error! Reference source not found. A`°RH CERTIFICATE OF LIABILITY INSURANCE DATE (MWD 2YYn 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 Professional Concepts Insurance Agency, Inc. 1127 South Old US Highway 23 Brighton MI 48114 -9861 CNAAM ACT certs@pciaonline.com PHONE . (800) 969 -4041 FAX o. (800) 969 -4081 pDDRES&.certs @pciaonline.com PRODUCER 00000665 CUSTO INSURER(S) AFFORDING COVERAGE NAICB INSURED Harley Ellis Devereaux Corporation 601 S. Figueroa Street Suite 500 Los Angeles CA 90017 INSURERA:Travelers Indemnity CO 25658 INsuRER B :Travelers Indemnity Co. 25615 tHsuRERcAmerican Home Assurance Co INsuRERD :Travelers Cas Co of Conn 36170 wsuRER E :Lexin ton Insurance Co. A 1 INSURER F: X COVERAGES CERTIFICATE NUMBER.11 /12 HED All 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. LTR. LTR TYPE OF INSURANCE POLICY NUMBER MMND EFF MWDD�Y UMRS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X 6807322L113 /1/2011 /1/2012 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 6807325L742 — CA /1/2011 /1/2012 PERSONAL BADVINJURY $ 1,000,000 X $0 Deductible GENERAL AGGREGATE $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 $ POLICY X PRO- LOC AUTOMOBILE X B LIABILITY ANY AUTO ALL OWNED AUTOS 730BL364 /1/2011 /1/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per Per $ BODILY INJURY (Per accident) $ !, X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ Uninsured motorist combined $ 1,000,000 X NON -OWNED AUTOS Medical payments $ 5, 000 X UMBRELLALIAB OCCUR EACH OCCURRENCE $ 10,000,000 H AGGREGATE $ 10, 000, 000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ C X RETENTION $ 10,0 0 E034248350 1/1/2011 /112012 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY OFFI ROPRIETORIP (ARCLUDEDX ECUTIVE (Mandatory In NH) N / A 1/1/2011 /1/2012 X WC 3TATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 T s, describe under DESCRIPTION OF OPERATIONS below IUB2952T763 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 E Professional Liability 024647135 1/1/2011 /1/2012 PerClaim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) Project: Amendment No. 8 to Agreement for Architectural Services, dated 8/3/2009. City of Gilroy is considered additional insured with respects to general liability coverage as long as required within a written contract. Waiver of subrogation in favor of certificate holder and additional insured's as long as required within a written contract. Coverage is considered primary and non - contributory where applicable. 30 day written notice provided to certificate City of Gilroy Risk Manager 7351 Rosanna Street Gilroy, CA 95020 GANGtLLA I IUIV 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 Cosgrove /DES _;A ACORD 26 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS026 c200s091 The ACORD name and logo are reqistered marks of ACORD COMMENTS/REMARKS holder and additional insured's for cancellation of coveraces listed. 10 day notice to certificate holder and additional insured's for nonpayment of listed policies. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Harley Ellis Devereaux Policy # 6807325L742 CA & # 6807322L113 CG DO 37 04 05 Page 1 of 1 Policy Dates: 01/01/2011 - 07101/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written contract or written agreement that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Excess Insurance regarding any other primary insurance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional Insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Privacy I Legal Notices 02008 The Travelers Companies, Inc. http: / /eforms. travelers .con /n- ,Vgateway.dlllfssforms 1/ general %201iabililylcgdO37O405.ht... 6/14/2011 Harley Ellis Devereaux Policy # 68073251-742 - CA & # 68073221-113 Policy Dates: 01/01/2011 to 07/01/2012 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): 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 failure 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 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 CG D3 8109 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. 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- 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. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. TRAVELERS, WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00) - 01 POLICY NUMBER: UB 2952T763 POLICY PERIOD: 01/01/2011 - 07/0112012 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 12 -30 -10 ST ASSIGN: