Loading...
HMH - 2012 Agreement - Amendment No. 2r SECOND AMENDMENT TO AGREEMENT FOR SERVICES FOR ON -CALL CIVIL ENGINEERING SERVICES WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and HMH entered into that certain agreement entitled Agreement for Services, effective on October 1, 2012, hereinafter referred to as "Original Agreement "; and WHEREAS, City and HMH have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Exhibit `B" (Scope of Services) of the Original Agreement shall be amended to incorporate the following services: Perform civil engineering and related work to prepare conceptual design and final concept report of roadway and streetscape improvements along proposed "Auto Mall Parkway ": Chestnut Street between Tenth Street and Luchessa Avenue and Tenth Street between Chestnut Street and US Hwy 101 interchange. 2. Exhibit `B" (Scope of Services) of the Original Agreement shall be amended to incorporate the attached proposal, specifically Project Description and Scope of Services. 3. Exhibit "C" (Payment Schedule) of the Original Agreement shall be amended to incorporate the attached proposal, specifically Compensation, which shall not exceed $7,400. 4. This Amendment shall be effective on February 1, 2014. 5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set fosides their signatures below. LIM Thomas J. Haglund [employee name] City Administrator [title /department] Date: -J--/ g b o 1' 4845 - 8215 -55400 -1- MDOLINGER104706083 LI-M Date: F9;��q� [signature] Steve Loupe [name] Civil Engineering Manager [title] Approved as to Form ATTEST: City Attorney ePj City erk 4845 - 8215 -55400 _2_ MDOLINGER104706083 Job No. 4231 .01 November 8, 2013 Page 1 of 3 EXHIBIT "A" PROJECT DESCRIPTION Client City of Gilroy Project Name Auto Mall Parkway Project APN(s) Project Address city Gilroy Description Roadway and streetscape improvements Cuent Initials consultant Whals HMH will perform civil engineering, and related work to prepare preliminary design for a roadway improvement concept along Chestnut Street. The conceptual geometric layout will include anticipated improvements to the intersection with 10th Street. The limits of this alternative will be Luchessa Avenue and the Caltrans right -of -way near the US 101 interchange. The proposed layout will be designed to comply with the California Complete Streets Act and allow people to travel safely on foot, bicycle, or public transportation. The design will also comply with the City's current Traffic Circulation Master Plan. Our anticipated scope of services and corresponding fees are as follows: Preliminary Engineering is intended to provide conceptual design concepts to assist in the determination of the proposed project's feasibility. The concepts presented during Preliminary Engineering will not contain significant design detail. If requested, the design document will be revised once to address City review comments. 410 Preliminary Engineering- Auto Mall Parkway Prepare one conceptual roadway exhibit. Median improvements and streetscape features will be shown along Chestnut Street to provide a boulevard /parkway driving experience. Streetscape features could include large flag poles, up lighting, landscaping with tree planting, and monument signs. Chestnut Street will be widened to its ultimate right -of -way width. The design will also attempt to accommodate a dual -left turn lane on 10th Street for motorists turning onto Chestnut Street. The weave /merge from the southbound 101 off- ramp will need to be evaluated in conjunction with the design of the dual -left turn pockets. Job No. 4231.01 November 8, 2013 Page 2 of 3 CL-nt fndlals Consultant Murals One order -of- magnitude cost estimate will also be produced reflecting the improvements shown on the geometric layout. Included within the final concept report will be cost savings alternatives noting improvements that could be removed from the scope of work. The following activities are the responsibility of Client. This is not intended to represent a complete list but is included for additional clarity. • Provide copies of available plans, exhibits, records and data pertinent to the project. Consultant may utilize computer aided design and drafting software and other applications of Consultant's choice in providing the services in this Agreement. File structure and organization of data shall be at Consultant's discretion, and are intended only for Consultant's use on the project. The following services may be required for successful completion of the project, but are specifically not included in this scope of services. Consultant may provide some of these services pursuant to the "Changes in Services" section of this agreement, or Client may engage others to provide these services. This is not intended to represent a complete list, but is added only for clarity. • Uncovering or potholing existing underground facilities. • Record of Survey maps. • "ALTA" or "As- Built" plans or certifications to any entity as to quality or completeness of construction. • Architectural, structural, mechanical, fire protection, or geotechnical engineering, including plans or calculations for retaining walls, masonry walls, structural excavations and sheeting or shoring. • Telephone, gas, or cable T.V. facilities including joint trenches. Client may request changes in scope of or character of service, either decreasing or increasing the amount of Consultant's services. In the event that additional services not included in the Scope of Services are required, or if the Client requests changes and revisions after Consultant has performed the services in Job No. 4231.01 November 8, 2013 Page 3 of 3 CAent /nduds CO suit V it' a] the Scope of Services, Client agrees to pay for all such additional services and expenses incurred, on a charge rate basis in accordance with Consultant's Charge Rate Schedule. For providing the services included in the Scope of Services, Client shall compensate Consultant as follows: Services performed on a Charge Rate (CR) basis as designated below shall be invoiced based upon the actual hours expended by each employee classification for the services performed on the project multiplied by the hourly charge rate for that employee classification as shown on the Charge Rate Schedule in effect at the time the services are performed. An initial, estimated budget has been established for each Charge Rate task; Consultant will request authorization if additional budget is required to complete charge rate tasks. Professional Service Fees are as follows: Description 410 Preliminary Engineering- Auto Mall Parkway Fee $7,400 CR Billings will be made every month for the services performed within the preceding month and are payable upon receipt Client: Printed Name Title Date APPROVED and ACCEPTED 2r6i- Consultant: Slew- 6 Printed Name CHARGE RATE SCHEDULE Professional & Office Civil Engineering or Land Surveying Manager Senior Civil Engineering or Land Surveying Manager Land Development Manager Senior Planner Senior Civil Engineer, Land Surveyor, or Landscape Architect Design Specialist Project Planner Project Civil Engineer, Land Surveyor, or Landscape Architect Project Arborist Engineer, Planner, Surveyor, or Landscape Designer Assistant Engineer, Surveyor, Planner, or Landscape Designer Junior Engineer, Surveyor, Planner, or Landscape Designer Senior Technician Project Technician Technician Assistant Technician Junior Technician Project Support Staff Field Services Chmi/niNals Con 1 of if $ 166 per hour $ 190 per hour $ 166 -240 per hr $ 190 per hour $ 148 per hour $ 140 -180 per hr $ 156 per hour $ 138 per hour $ 136 per hour $ 130 per hour $ 120 per hour $ 110 per hour $ 126 per hour $116 per hour $ 106 per hour $ 98 per hour $ 82 per hour $ 80 per hour 2 -Man Field Crew $ 216 per hour 3 -Man Field Crew $ 282 per hour 1 -Man Field Crew $ 150 per hour Senior Field Engineer $ 140 per hour Miscellaneous Velum or Bond CADD Plot CADD Plot Color Plot Principals are Charged at $200.00 to $340.00 per hour Printing, Reproductions & Materials at Cost, Plus 20% Transportation at Cost, including mileage based upon IRS rates Other Outside Services at Cost, Plus 20% Rates are subject to adjustment July 1, 2014. $ 4 per plot $ 15 per plot $ 55 per plot Client#: 164 I :ITI!IA2`1rcil:l ACORD,M CERTIFICATE OF LIABILITY INSURANCE 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 ov22/2014 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 12675 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 LIMBS 510 465 -3090 David C. Eckman INSURERS AFFORDING COVERAGE INSURED HMH Engineers 1570 Oakland Road San Jose, CA 95131 O. INSURER A: Travelers Indemnity C Of_ Conn INSURER B: American Automobile Ins. Co. INSURER c: Axis Insurance Company INSURER D: Hartford Fire Ins. Co. INSURER E: ' $300 000 COVERAGES 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM /DD/YY LIMBS A GENERAL LIABILITY 68089451-873 03/29/13 03/29/14 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) ' $300 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Y OCCUR MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1 1000,000 GENERAL AGGREGATE s2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PRO LOC D AUTOMOBILE LIABILITY ANY AUTO 57UEGAT0879 03/29/13 03/29/14 COMBINED SINGLE LIMIT (Ea accident) $1,000000 % BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND WZC81012550 09/01/13 00/61/14 X WC ST MIT ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional MSZ772563 03/29/13 03/29/14 $2,000,000 per Claim Liability $4,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/ LOCATIONSNEHICLES /EXCLUSIONS'ADDED BY ENDORSEMENT /SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: ALL OPERATIONS OF THE NAMED INSURED. City of Gilroy, its officers, employees, officials, and volunteers are additional insureds with respect to General Liability and Auto Liability as per policy form wording. A Waiver of Subrogation applies to the Workers Compensation policy. LETTER: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6141 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED B EFORE TH EEXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XJIM MAIL 30_DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, B AXXXxX ea�eclsart xetroc�c�oD<x>lanoxxee�axx �omc AUTHORIZED REPRESENTA AGORD 25-5 (7/97)1 of 1 #S864818/M706698 OTMP5 0 ACORD CORPORATION 1988 POLICY NUMBER: 68089451-873 COMMERICAL GENERAL LIABILITY ISSUE DATE: 03/29/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6141 PROJECT /LOCATION OF COVERED OPERATIONS: NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONS CONTINUED: City of Gilroy, its officers, employees, officials, -and volunteers. PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury ", `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 oper- ations; 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 person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". 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 Declarations 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, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY 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 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" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also 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 CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal CG D3 82 09 07 injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal 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 under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided, that the "bodily injury" and "property damage" occurs, and the "personal injury" 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 Page 2 57UEGAT0879 COMMERCIAL AUTOMOBILE. HA 99 16 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as, an additional insured on your business auto policy, such person or organization is an "insured ", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non - Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D.' - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty 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: (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, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees ". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident ", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident ". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN /LEASE GAP COVERAGE Under SECTION III PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto ", we will pay your additional legal obligation for any difference between the actual cash value of the "auto at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan /lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest, or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss ", is: (1) Permanently installed in or upon the covered "auto "; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto "; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. . b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss ", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto ", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF, DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident ", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos ", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver .because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non- hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10 %, to a maximum of $2,500, of the "non- hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non- hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto ", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 Insured: HMH Engineers Policy Number: WZC81012550 Effective Date: 09/01/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description NAME OF PERSON(S) OR ORGANIZATIONS CONTINUED: City of Gilroy, its officers, City of Gilroy employees, officials, and volunteers. 7351 Rosanna Street Gilroy, CA 95020 -6141 • _ Countersigned by�"r!''''� Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: