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Harris & Associates - 2012 Agreement - Amendment No. 2SECOND AMENDMENT TO AGREEMENT FOR SERVICES FOR ON -CALL ENGINEERING AND CITY SURVEYOR SERVICES WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Harris & Associates entered into that certain agreement entitled "Agreement for Services ", effective on August 6, 2012, hereinafter referred to as "Original Agreement "; and WHEREAS, City and Harris & Associates have determined it is in their mutual interest to amend certain terms of the Original Agreement including: A. Increase Consideration for Services, per this Amendment, by One Hundred Twenty Thousand Dollars ($120,000) adding to the initial contract amount of Twenty -Five Thousand Dollars ($25,000) and the first amendment amount of Thirty -Five Thousand Dollars ($35,000) for a total Contract amount of One Hundred Eighty Thousand Dollars ($180,000) ; and B. Modify Insurance; and, C. Modify Payment Schedule. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 4, Section A "Consideration ", of the Original Agreement 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 the total Contract amount of One Hundred Eighty Thousand Dollars ($180,000) ". 2. Article 5, Section D "Insurance ", of the Original Agreement shall be amended to read as follows: "In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms." 3. Exhibit "C" (Payment Schedule) of the Original Agreement shall be amended to incorporate the attached Harris & Associates rate schedule. 4. This Amendment shall be effective immediately and will continue in effect through June 30, 2015. 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 forth beside their signatures below. CITY G By Thomas J. Haglun City Administrat r Date z 1, I Harris & Associates (4 71:!7:1 AAA_J�� By dob uletz, E. Director, Co unity Services Date Approved as to Form Lin a Callon RIP-r.TIIr-iat -14� City Attorney City Clerk an MR I Harris & Associates Exhibit C of Amendment No. 2 Applicable to "City of Gilroy, On -call Development and City Surveyor Services" RANGE OF HOURLY RATES - NORTH REGION EMPLOYEES Effective July 1, 2014 — June 30, 2015 SPECIFIC NAMED STAFF Bob Guletz, PE (City Surveyor, Project Director) $225 Patrick Dobbins, PE (Project Manager; Reviewer) $200 Frank Lopez, PE (QSP /QSD; Development Reviewer) $175 Kyle Carbert, PE (QSP /QSD; Development Reviewer) $140 Kurt Maire, PE (Development Reviewer) $140 Robert Williamson (Development Review Technician) $130 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 July 1, 2015 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). Rev. July 22, 2014 Harris & Associates Exhibit C of Amendment No. 2 Applicable to "City of Gilroy, On -call Development and City Surveyor Services" RANGE OF HOURLY RATES - NORTH REGION EMPLOYEES Effective July 1, 2014 — June 30, 2015 SPECIFIC NAMED STAFF Bob Guletz, PE (City Surveyor, Project Director) $225 Patrick Dobbins, PE (Project Manager; Reviewer) $200 Frank Lopez, PE (QSP /QSD; Development Reviewer) $175 Kyle Carbert, PE (QSP /QSD; Development Reviewer) $140 Kurt Maire, PE (Development Reviewer) $140 Robert Williamson (Development Review Technician) $130 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 July 1, 2015 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). Rev. July 22, 2014 Client#: 310966 HARRIS ACOR& CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDfYYYY) 8/05/2014 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 Hub Intemational CONTACT NAME: PHONE 925 609 -6500 925. 609 -6550 A/C No ErA : - Al No : HUB lnt'I Insurance Serv. Inc. P.O. Box 4047 Concord, CA 94524 -0047 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICO INSURER A:_ Hanover American Insurance CO 36064 INSURED INSURERS: Navigators Specialty Ins Cc 36056 Hams 8 Associates Inc. INSURER C: Travelers Prop Cas Cc of Amer 25674 Attn: Susan Mandilag INSURERD< Catlin Specialty Insurance Cc 15989 1401 Willow Pass Rd., Ste. 500 wsURERE: Liberty Mutual Fire Ins Co 123035 Concord, CA 94520 INSURER F PERSONAL &ADV INJURY 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 ADDL INSR SUBR W%fD POLICY NUMBER POLICY EFF MMJDD POLICY EXP MM/D LIMITS A GENERAL LIABILITY ZZF9201722 8/01/2014 08/01201 OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 51 OCCUR -EACH PREMISES a owrtIce $1 000 ,000 MED EXP one person $10,000 PERSONAL &ADV INJURY $2,060,600 X Dad: 0 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - cOMPIOP AGG $4,000,000 POLICY X PRO X LOC $ E AUTOMOBILE LIARR Y AS2Z91455034014 8/012014 08/01201 FaMaBddeMSWGLEiIM1T 1,000,000 X BOOILYINJURY(Perperson) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per aeddent $ FARED AUTOS X NON -OWNED AUTOS $ X ed :0 B UMBRELLA LIAR X OCCUR LA14EXC712701 IC 8/01/2014 08/01/2015 EACH OCCURRENCE $10.000.000 X AGGREGATE _ $10,000,000 EXCESS LIAB CLAIMS -MADE _ r DIED I X RETENTION $O $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y N ANY PROPRIETORIPARTNERIEXECUT E OFFICEFUMEMBER EXCLUDED? N� NIA PJUB8166N36A14 ** 8/01/2014 08101/20 15 _X wcsrATU- oTH- E.L. EACH ACCIDENT $1,000,000 �E.L.'IDISEASE .L. ISEASE - EA EMPLOYEE $1 000`000 (Mandatory In NH) If yea describe under DESCRIPTION OF OPERATIONS below . - POLICY LIMIT $1,000,000 D PROFESSIONAL LIAB AE156167540815 8/01/2014 08/01/201 Per Claim: $5,000,000 Aggregate: $10,000,000 Ded.EachClaim: $150,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mom space is required) "Workers Compensation policy excludes monopolistic 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 and Auto Liability, and coverage applies on a Primary basis, per attached forms CG2016 0704, CG2037 0704, 421-0452 (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 „„ ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and -logo are registered marks of ACORD #S30174031M3011836 SK43 0607, and AC8423 0811, as required by written contract. General Liability, Auto Liability, and Workers Compensation Waiver of Subrogation forms CG2404 0509, AC8407 0713, and WC000313 attached. SAGrrTA 25.3 (2010105) 2 Of 2 #S30174031M3011836 POLICY NUMBER: ZZF9201722 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 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: ZZF9201722 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 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: ZZF9201722 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 (a) That is Fire, Extended If you agree in a written contract, written Coverage, Builder's agreement or permit that the insurance Risk, Installation Risk or provided to any person or organization similar coverage for 'your work"; included as an Additional Insured under Section II — Who is An Insured, is (b) That is Fire insurance primary and non- contributory, the for premises rented to following applies: the Additional Insured or temporarily occupied If other valid and collectible insurance is Insured with permission available to the Additional Insured for a of the owner; loss we cover under Coverages A or B (c) That is insurance of this Coverage Part, our obligations purchased by the are limited as follows: Additional Insured to 1.Primary Insurance cover the Additional This insurance is primary to other Insured's liability as a insurance that is available to the tenant for "property Additional Insured which covers the damage" to premises Additional Insured as a Named rented to the Additional Insured. We will not seek Insured or temporarily contribution from any other occupied by the insurance available to the Additional Additional with Insured except: permission of the i. For the sole negligence of the owner;, or Additional Insured; (d) If the loss arises out of ii. when the Additional Insured is the maintenance or use an Additional Insured under of aircraft, autos or another primary liability policy; watercraft to the extent not subject to Exclusion or g. of Section I — iii. when 2. below applies. Coverage A — Bodily If this insurance is primary, our Injury And Property obligations are not affected unless Damage Liability. any of the other insurance is also When this insurance is excess, we will have primary. Then, we will share with all no duty under Coverages A or B to defend the that other insurance by the method insured against any "suit" if any other insurer described in 3. below has a duty to defend the insured against that 2. Excess Insurance .'suit". If no other insurer defends, we will This insurance is excess over: undertake to do so, but we will be entitled to the insured's rights against all those other (1) Any of the other insurance, insurers. whether primary, excess, When this insurance is excess over other contingent or on any other insurance, we will pay only our share of the basis: amount of the loss, R any; that exceeds the sum of: Page 1 of 2 421 -0452 06 07 Includes copyrighted material of Insurance Services Offices, Inc., with Its permission (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. 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. Page 2 of 2 421 -0452 06 07 Includes copyrighted material of Insurance Services Offices, Inc., with Its permission Policy Number: AS2Z91455034014 Issued by: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified 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 Organizations(s): ANY PERSON OR ORGANIZATION WHERE THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO INCLUDE SUCH PERSON OR ORGANIZATION AS A DESIGNATED INSURED Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement 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 it of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations and the agreement was executed prior to the "bodily injury' or "property damage ", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 0811 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER; ZZF9201722 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 0 Insurance Services Office, Inc., 2008 Page 1 of 1 Policy Number AS2Z91455034014 Issued by Liberty Mutual Fire Insurance Company 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 "accidents" 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 e.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. XXII I. 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. AC 84 07 0713 © 2013 Liberty Mutual Insurance. All rights reserved. Page 113 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TRAVELERST WORKERS COMPENSATION AND ONE TOWER 6183 TII01 C HARTFORD, CT 06 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -01 POLICY NUMBER: (PJUB- 8166N36 -A -14) 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. n DATE OF ISSUE: 08 -01 -14 ST ASSIGN: