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Harley Ellis Devereaux - 2009 Agreement - Library Project - Amendment No. 12AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HARLEY ELLIS DEVEREAUX FOR GILROY LIBRARY DATED AUGUST 2, 2009 AMENDMENT NO. 12 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 # 12 (not -to- exceed $4,000.00). Based on the response from the January 7, 2013 City Council presentation on the Garage, provide an updated version of the existing rendering indicating how a three story (above grade) version of the building would look. Retain the arcade and trellis, and increase overall height of the building by approximately 11' -0 ", and would add corresponding height to the stari tower. Also provide floor plans for a three story version of the garage indicating layout and total number of spaces achievable if the adjacent County building were removed and the available site area incorporated in the garage footprint. 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 City Administrator Date AMENbMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HARLELY ELLIS DEVEREAUX FOR THE GILROY LIBRARY DATED AUGUST 2,20­0­9 AMENDMENT NO. 12 HARLEY ELLIS'btV'EREAUX 601 South Figueroa Street Suite 500 tos Angeles, California 90017 1 USA tel 213.542.4500 1 fax 213.542.4515 harieyellisdeverea ux.com Date: 1/17/13 New Project: Customer: City of Gilroy Existing Project: yes Project Name: Parking Garage — additional Project No: 2009- 00015 - 400- TC1003 rendering for Option 3 Distribution: Smelser; Marks; file Pelson Requestingbesign Service: Rick Smelser Description of benign Service: Based on the response from the January City Council presentation on the Garage, provide ah updated version of the existing rendering indicating how a three story (above grade) version of the building would look. Retain the arcade and trellis, and increase overall height of the building by approximately 11' -0 ", and add corresponding height to the stair tower. Also provide floor plans for a three story version of the garage indicating layout and total number of spaces achievable if the adjacent County building were removed and the available site area incorporated in the garage footprint. Design Service Fee: The proposed fee for these services will be a lump sum of $4,000 (Four Thousand Dollars). Reimbursable expenses, if any, will be, covered under previously approved Amendment #10. Design Service Schedule: Commensurate w /existing project schedule and City of Gilroy requests for service. Please acknowledge Customer's acceptance ey signing in the space set iorth below and return one signed original to out office. Harley. Ellis Devereaux will proceed with this Design Service Request upon receipt of this signed doc0'fnent. Upon yot0 approval, this request wilj tie folloWed up with a formal Contract, Supplemental Agreement and. of a Contract Moditication. Arch- ect: Harley Ellis Devereaux S re ririted Name and Title T Printed N ime and Title ,/ // 2 - R� Date Date Design Service Request.doc (Revised 11 -05) ULAX- HAR- FILE01%Studio ProjectAFligher Educabon \City of Gilroy12009- 00015 -000 Gilroy Lib Base Analysis\ProjMgrni PR0P0SALSM Add Service for Three story garage1130117 DSR 12 . Additional Garage Rendering.doc I DATE(MWDD/YYYY) .4CO CERTIFICATE OF LIABILITY INSURANCE 10/29/2012 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 NAME: Professional Concepts Insurance Agency, Inc. PHONE . (800) 969-4041 FAX No. (800)969 -x081 C. 1127 South Old US Highway 23 ADMDE .carts@ ciaonline.com INSURER(S) AFFORDING COVERAGE NAIC 0 Brighton MI 48114 -9861 INsuRERA:Travelers Indemnity Co of CT 25682 INSURED HARLEY ELLIS DEVEREAUX CORPORATION INSURERB:Travelers Indemnity Co 25658 DBA CRIME LAB DESIGN INSURERC :Travelers Prop Casualty of Amer 25674 DBA GREENWORKS STUDIO INSURERD:Starr Surplus Lines Ins Co 13604 601 SOUTH FIGUEROA, SUITE 500 INSURER E: LOS ANGELES CA 90017 INSURERF: nA ncnT- s, ATTkM 0C111CInKi MI IMRr-R- 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 lS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE DD UB POLICYNUMBER POLICY EFF M/ Y POLICY EXP /DD/Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 EMPREMISES occurrence) $ 300,000 X COMMERCIAL GENERAL LIABILITY MEDEXP (An one arson $ 5,000 A CLAIMS -MADE � OCCUR X 6807322L113 /1/2012 /1/2013 PERSONAL &ADV INJURY $ 1,000,000 X Contractual Liability 6807325L742 - CA /1/2012 /1/2013 X X,C,U GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 $ POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED accide SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ C ANY AUTO ALL OWNED SCHEDULED X 730BL364 /1/2012 /1/2013 BODILYINJURY(Peraccident) $ AUTOS AUTOS X NON -OWNED Ix PROPERTY DAMAGE Per acct $ HIRED AUTOS AUTOS Is X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 B EXCESS LIAR CLAIMS -MADE DED I X I RETENTION$ 10100 $ UPOOBB8710 /1/2012 /1/2013 A WORKERS COMPENSATION X VvCSTIMU OTH- E.L EACH ACCIDENT $ _ 1,000,000 AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNER/EXECUTIVEHi E.L. DISEASE - EA EMPLOYE $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA B2952T763 /1/2012 /1/2013 E.LDISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Professional Liability 62213 -12 /1/2012 /1/2013 Per Cairn $ 51000,000 Aggregate $ 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) Project: Amendments Nos. 9, 10 & 11 to Agreement for Architectural Services, dated 8/3/2009. City of Gilroy is considered additional insured with respects to general and auto 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 holder and additional insured's for cancellation of coverages listed. 10 day notice for nonpayment of listed policies. City of Gilroy Risk Manager 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2010/06) INCr17r. ­­­,n. 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 /CHUCK IV -IV 00'LU -IU JA%,WM l IiVRr-Vr[M I I VIN. ^'- IIUIt ........ Tti.. A/"f1O11 ........... ...1 1...... ....n .......n {....n.l w....l... -S Af'nE3r% Policy # BA73081-364 Insured: Harley Ellis Devereaux Page 1 of 2 Policy Dates: 7/1/2012 - 7/1/2013 CA T4 37 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II — Liability Coverage, Paragraph A.I. Who is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. htti):Heforms travelers com/n,ct /gateway dil /fssformsl/ automobile /cat4370808.htm ?f= templ... 6/6 /2011 Policy # BA7308L364 Insured: Harley Ellis Devereaux Page 1 of 1 Policy Dates: 7/1/2012 - 7/1/2013 CA T3 40 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss ", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated In such contract. CA T3 40 08 08 Privacy I Legal Notices ©2008 The Travelers Companies, Inc. http: / /eforms travelers com/nxt/ a�way dll /fssformsll automobile lcat3400808.htm ?f— temj)l... 6/6 /2011 Policy # BA73081-364 Insured: Harley Ellis Devereaux Page 1 of 1 Policy Dates: 7 /1/2012- 7/1/2013 CA T3 40 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or "loss ", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 08 08 Privac I LeaaI Notices 02008 The Travelers Companies, Inc. http://eforms.travelers.com/n,xt/gatew4y.dil/fssforms I/atitomobile/cat3400808.htm?f--temi)I... 6/6/2011 Harley Ellis Devereaux Policy # 68073251-742 - CA & # 68073221-113 Page 1 of 1 Policy Dates: 7/01/2012- 7/112013 CG DO 37 04 05 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 f(Si 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 PtNacy I Legal Notices ©2008 The Travelers Companies, Inc. httpi/ /eforms travelers com/nxt /Ratewav dll /fssformsI/ general %201iahility /st'd0370405 ht... 6/14/2011 Harley Ellis Devereaux Policy # 6807325L742 - CA & # 6807322L113 Policy Dates: 7/1/2012 - 71112013 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies 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 staled 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 03 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. r TRAVELERS ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00) -01 Harley Ellis Devereaux Corporation dba Crime Lab Design dba Greenworks Studio POLICY NUMBER: UB2952T763 7/01/2012-7/01/2013 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: 06 -26 -12 ST ASSIGN: