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Harris & Associates - 2012 Agreement - Amendment No. 1AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HARRIS AND ASSOCIATES FOR ON -CALL CITY SURVEYOR SERVICES DATED AUGUST 6, 2012 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. This Amendment is for continued on -call City Surveyor services. The total compensation shall be increased $35,000.00. Article 4, paragraph A shall be amended to read as follows: "In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "C" "Range of Hourly Rates ". In no event however shall the total compensation paid to CONSULTANT exceed $60,000.00. The Range of Hourly Rates as included in Exhibit C shall be replaced with the Range of Hourly Rates as attached. This Amendment extends the term of the Agreement for Services between the City of Gilroy and Company Name, dated August 6, 2013 to June 30, 2014. 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. Harris and Associates hereby agrees to perform the above work subject to the terms of this Amendment for on- call surveyor services. Cons ant: H and Associates By (,7BA Gu�lletz, Y. E. Vice President Date % I / �. T I I -J o, ACCEPTED: City Admini Q IHams & Associates Exhibit C of Amendment No. 1 Applicable to "City of Gilroy, On -call Development and City Surveyor Services" RANGE OF HOURLY RATES - NORTH REGION EMPLOYEES Effective January 1 - December 31, 2013 SPECIFIC NAMED STAFF Bob Guletz, PE (City Surveyor, Project Director) $225 Patrick Dobbins, PE (Project Manager /Reviewer) $185 Kyle Carbert, PE (QSP /QSD; Development Reviewer) $130 Kurt Maire, PE (Development Reviewer) $130 Robert Williamson (Development Review Technician) $125 ENGINEERING DESIGN AND MUNICIPAL SERVICES GROUPS HOURLY RATE Project Directors $190 -225 Project Managers 150 -210 Project Engineers 125 -195 Technical Support 75 -130 Administration 65 -95 Notes: Rates are subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective January 1, 2014 and on the 1 st of January every year thereafter. Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as travel, equipment, computers, communications and reproduction (except large quantities such as construction documents for bidding purposes). Harris reserves the right to convert this rate schedule to a direct- and indirect -costs format during the 2013 calendar year. Rev. May 7, 2013 Client #: 310966 HARRIS ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 DATEIYYYY) 10/009/20912012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS U .1A61 NAME: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Hub International _, _ TYPE OF INSURANCE m PHOEET �X_� E :t); 925 609 -6500 iA c, Nc ; 925 609 -6550 HUB Int'I Insurance Serv. Inc. POLICY EFF .[MMIDDNYYY) a �eai LIMITS P.O. Box 4047 A ADDRESS: ZHF920172201 8/0112012 Concord, CA 94524 -4047 EACH OCCURRENCE INSURER(S) AFFORDING COVERAGE NAIC 0 # INSURER A: Hanover Insurance Company 22292 INSURED $1,000,000 INSURERS: Lexington Insurance Company $10,000 19437 Harris &Associates Inc. INSURER C: Travelers Prop Gas Co of Amer 25674 Attn: Susan Mandilag INSURER 0, Catlin Insurance Company, Inc. GENERAL AGGREGATE s2,000000 1401 Willow Pass Rd., Ste. 500 INSURER E: Wausau Underwriters Ins Co _ 26042 Concord, CA 94520 CEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGG s2,000,000 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 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 LTR_ _, _ TYPE OF INSURANCE m ADDL'SUB IN59� !!wv4_ __._..� .., POLICY NUMBER _ POLICY EFF .[MMIDDNYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL LIABILITY ZHF920172201 8/0112012 08/01/201 EACH OCCURRENCE $1.000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F7X OCCUR # A 0 RENTED g tti __.(Ea `ocruunetire) $1,000,000 MED EXP (An one pernnn)_ $10,000 PERSONAL & ADV INJURY $1,000,000 X Ded: 0 GENERAL AGGREGATE s2,000000 j CEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGG s2,000,000 E AUTOMOBILE LIABILITY I ASJZ91455034012 6/01/2012 _ _ 06/01/201 COMBINED SINGLE LIMIT '.,.... Ea aCCidenl __ _ .. _ __ 1,000,000 BODILY INJURY (Per person) $ X ANY ALTO ALL OWNED SCHEDULED'�� AUTOS AUTOS X MIRED AUTOS X NON OWNED AUTOS BODILY INJURY (Par accident) $ PROPERTY DAMAGE Per acridant $ $ X ad; 0 B UMBRELLA LIAS X OCCUR 021391569 8/01/2012 08/01/201 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 �( EXCESS LIAR CLAIMS.hiADE DED I X RETENTION$O $ ^F i `+ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNERiEXECUTIVE OFFICERfMEMBER EXCLUDED? N I A ' f PJUB8166N36Al2 R� 8/0112012 08101!201 X WC STATU• OTH• TORY LIMITS I IFR E.L.. EACH ACCIDENT 1$1,000,000 E L. DISEASE . EA EMPLOYEE $1,000.000 (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE . POLICY LIMIT 1 $1.000.000 D PROFESSIONAL LIAB _ AED6703600813 8101120-12108/01/2013 $5,000,000 Per Claim $10,000,000 Aggregate $150,000 Ded.Each Claim DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) kR Workers Compensation policy excludes monopolistics states ND, OH, WA, WY. Re: As- needed Engineering Services (HA #121 -0218 (2015)) City of Gilroy, its officers and employees as Additional Insured as respects General Liability & Auto Liability per attached forms CG2010 0704, CG2037 0704, & CA2048 0299. (See Attached Descriptions) City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Teresa Mack, PE ACCORDANCE WITH THE POLICY PROVISIONS. Eng Div, Public Wks Dept 7351 Rosanna Street AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 1 — „„ O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1865234/M1773431 DA44 POLICY NUMBER: ZHF920172201 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Gilroy, its officers and employees All locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en -gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Q ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: ZHF920172201 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed City of Gilroy, its officers and employees All locations i required to complete this Schedule, if not shown above, will be shown in the Declarations. I — - Section 11— Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 G ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED 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 modi -fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organlzation(s): City of Gilroy, its officers and employees Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. Policy No: ASJZ91455034012 Issued by: Wausau Undenvriters Insurance Company Effective Date: 08/01/2012 Expiration Date: 03/01:12013 CA 20 48 02 99 Copyright, Insurance Services Office, Inca 1998 Page 1 of 1 ZHF 9201722 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other Insurance - Primary and Non - Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV - Commercial General Liability Conditions 4. Other Insurance a. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under Section 11 - Who is An Insured, is primary and non - contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: 1.Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: I. For the sole negligence of the Additional Insured; ii. when the Additional Insured is an Additional Insured under another primary liability policy; or Ili. when 2. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in 3. below. 2. Excess Insurance 421 -0452 06 07 1307 - This insurance is excess over. (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit' if any other insurer has a duty to defend the insured against that 'suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: Includes copyrighted material or Insurance Services Offices, Inc., with its permission Page 1 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part, 421 -0452 06 07 1308 ZHF 9201722 01 3. Method Of Sharing If all of . the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 2 POLICY NUMBER: ASJZ91455034012 B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency of the 'insured" or p Y Y only our share. Our share is the proportion the 'insured's" estate will not relieve us of any that the Limit of Insurance of our coverage obligations under this coverage form. form bears to the total of the limits of all the 2. Concealment, Misrepresentation Or Fraud coverage forms and policies covering on This coverage form is void in any case of fraud the same basis. by you at any time as it relates to this coverage 6. Premium Audit form. It is also void if you or any other '9n- a. The estimated premium for this coverage sured ", at any time, intentionally conceal or form is based on the exposures you told us misrepresent a material fact concerning: you would have when this policy began. We a. This coverage form; will compute the final premium due when we b. The covered "auto "; determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered "auto "; or against the final premium due and the first d. A claim under this coverage form. Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date If we revise this coverage form to provide more shown as the due date on the bill. if the es- coverage without additional premium charge, timated total premium exceeds the final your policy will automatically provide the addi- premium due, the first Named Insured will tional coverage as of the day the revision is ef- get a refund. fective in your state. b. If this policy is issued for more than one 4. No Benefit To Bailee — Physical Damage year, the premium for this coverage form Coverages will be computed annually based on our We will not recognize any assignment or grant rates or premiums in effect at the beginning any coverage for the benefit of any person or of each year of the policy. organization holding, storing or transporting 7. Policy Period, Coverage Territory property for a fee regardless of any other pro- Under this coverage form, we cover "accidents" vision of this coverage form. and losses" occurring: 5. Other Insurance a. During the policy period shown in the Dec - a. For any covered "auto" you own, this cov- larations; and erage form provides primary insurance. For b. Within the coverage territory. any covered "auto" you don't own, the in- surance provided by this coverage form is The coverage territory is: excess over any other collectible insurance. (1) The United States of America; However, while a covered "auto" which is a trailer" is connected to another vehicle, the (2) The territories and possessions of the Unit - Liability Coverage this coverage form pro- ed States of America; vides for the 'trailer" is: (3) Puerto Rico; (1) Excess while it is connected to a motor (4) Canada; and vehicle you do not own. (5) Anywhere in the world if: (2) Primary while it is connected to a cov- (a) A covered "auto" of the private passen- ered "auto" you own. ger type is leased, hired, rented or bor- b. For Hired Auto Physical Damage Coverage, rowed without a driver for a period of 34 any covered "auto" you lease, hire, rent or days or less; and borrow is deemed to be a covered "auto" (b) The 'lnsured's" responsibility to pay you own. However, any 'auto" that is damages is determined in a "suit" on the leased, hired.. rented or borrowed with a merits, in the United States of America, driver is not a covered "auto ". the territories and possessions of the c. Regardless of the provisions of Paragraph United States of America, Puerto Rico or a. above, this coverage form's Liability Canada or in a settlement we agree to. Coverage is primary for any liability as- sumed under an 'insured contract ". CA 00 0103 10 Q Insurance Services Office, Inc., 2009 Page 9 of 12 ❑ fSLRED POLICY NUMBER: ZHF920172201 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: BLANKET WITH WRITTEN CONTRACT information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: . We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 1423 POLICY NUMBER: ASJZ91455034012 XXIIL LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AVT1fORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO . THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B. 7 of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. 'The "accident" or "loss" occurs within 25 miles of the United States border, and b. While on a trip into Mexico for 10 days or less; 2. For coverage provided by this Section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value, of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIV- WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV- BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of accident, to waive rights of recovery against such person or organization. I AC 84 07 05 09 Copyright 2008 Liberty Mutual. All rights reserved. Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. } TRAVELERS � WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -01 POLICY NUMBER: (PJUB- 8166N36 -A -12) 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 INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER, DATE OF ISSUE: 08 -08 -12 ST ASSIGN: