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West Coast Code Consultants - 2013 Agreement - Amendment No. 1FIRST AMENDMENT TO ON -CALL INSPECTION SERVICES AND PLAN REVIEW SERVICES WHEREAS, the City of Gilroy, a municipal corporation ( "City "), West Coast Code Consultants, Inc. entered into that certain agreement entitled On -Call Inspection Services and Plan Review Services Agreement effective on March 19, 2013, hereinafter referred to as "Original Agreement'; and WHEREAS, City and West Coast Code Consultants, Inc. 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. Article 1 Term of Agreement of the Original Agreement shall be amended to read as follows: This Agreement will become effective on March 19, 2013 and will continue in effect through March 18, 2017 unless terminated in accordance with the provisions of Article 7 of this Agreement. 2. This Amendment shall be effective on March 18, 2016. 3. 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. 4. 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 besides their signatures below. CITY OF GILROY By: [signature] J. E ward Tewes [employee name] Interim City Administrator [title/department] Date: Z — /51 -4j 4845- 8215 -55400 MDOLINGER104706083 -I- WEST COAS LOW CONSULTANTS, INC. Date: /- z $ _ / (, [title] Approved as to Form lk� 4,City � Attorney 4845- 8215 -55400 MDOLINGEM04706083 ACCO E)i CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) �....�� 4/2112015 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 CONTACT - NAME: Marie Swaney_ Dealey, Renton & Associates PHONE — - -- - -- — FAx - - - -- -- 199 S Los Robles Ave Ste 540 uuc No •E =t):---------- -------- - - - - -- 1 Pasadena, CA 91101 E-MAIL s: mswaney @dealeyrenton.com - LIc #0020739 INSURERJSLAFFORDING COVERAGE fiN19A INSURED WESTCOAST5 West Coast Code Consultants, Inc.; cba: Kimball Eng; dba: Eagle Eye Consulting Eng 2400 Camino Ramon, Ste. 240 San Ramon, CA 94583 925- 275 -1700 INSURER A: Hartford Accident & Ind emni 22357 _ INSURER B:Hartford Fire Ins. Co. _19682_____ INSURER C:Hiscox Insurance Company _ — 10200 _ '.INSURER D: rnVFRO(;FS CFRTIFICOTF NIIMRFR• 617755335 RPVIRIr1N fit IIUI THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR! LTR ! TYPE OF INSURANCE INSD WVD __ I POLICY NUMBER POLICY EFF IMMIDDIYYYYI POLICY EXP 1MM1DDArYYY) — -- LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 157SBAIC7265 /19/2015 /28/2016 EACH OCCURRENCE $2,000,000 CLAIMS-MADE �X OCCUR _ DAMAGE TO RENTED PREMISES Ea occurrence - - -'— $1,000.000 MED EXP (Any one person) _ rGENI'L PERSONAL & ADV INJURY _$10,000 $2,000_000 GGR EGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000__ I POLICY ❑ JE O- u LOC I I _ _ PRODUCTS - COMP /OP AGG $4,000,000 OTHER: B ' AUTOMOBILE LIABILITY ANY AUTO Y 157UEGZC5464 4/2312015 14/28/2016 COM accidenlSI GL 1 1 $1,000,000 BODILY INJURY (Per person) - -_ $ �X1 —� r- -- X ALL OWNED SCHEDULED AUTOS NON -OWNED X BODILY INJURY (Per accident) $ I PROPERTY DAMAGE - - -- HIRED AUTOS AUTOS Ter accident $ B ix —�i UMBRELLA LIAB I X OCCUR Y Y 57SBAIC7265 13/19/2015 /2812016 EACH OCCURRENCE $3,000,000 _ — AGGREGATE _ —_ $3,000,000 I EXCESS'LIAB Ir- 1CLAIMS-MADE DED X RETENTION $10,000 _ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY ,PROPRIETOR /PARTNER /EXECUTIVE OFFICEWMEMBER.EXCLUDED7 I(Mandatory in NH) If yes describe.under 1DESCRIPTION .OF.OPERATIONS,below I N y 57WEGKU8419 4/28/2015 /28/2016 X PSTATUTE ER 0TH- — - -- _ E.L. EACH ACCIDENT _ — — $1,000,000 E.L. DISEASE - EA EMPLOYE _ — _ - -- $1,000,000 I-- E.L. DISEASE •POLICY LIMIT ------ -- -- 1 $1,000,000 C Professional Liability iClaims Made Form I I ANE109990915 I /28/2015 /28/2016 $1,000,000 per claim $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,. Additional Remarks Schedule, may be attached if more space is required) General Liability policy excludes claims arising out of the performance of professional services. City of Gilroy its officers, employees, councils and employees are named as an additional insured as respects general & auto liability for claims arising from the operations of the named insured as required per contract or agreement, per the Business Liability Coverage Policy liForm SS0008, attached I LaK I It1GA 1 t MULUtK UANGtLLAI IUN OU'UaV INUU1 I U Uav Tor IVOnr -av or t-rem City of Gilroy 7351 Rosanna Gilroy CA 95020 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 14 ACORD CORPORATION_ All rinhtc rpsprvprl ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 57WEGKU8419 Effective hour is the same as stated on the Information Page of the policy_ Named Insured and Address: West Coast Code Consultants, Inc dba:Kimball Engineering dba: Eagle Eye Consulting Engineering 2400 Camino Ramon, Ste. 240 San Ramon, CA 94583 Section I of this endorsement expands coverage provided under WC 00 00 00. Section 11 of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT PAGE SECTION 1 2 B. Part One Does Not Apply 3 PARTS ONE and TWO 2 C. Application of Coverage 3 01 We Will Also Pay 2 D. Additional Exclusions 3 PART-THREE 2 E. West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 PART - SIX 2 01 Employers' Liability Insurance 4 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 4 04 Liberalization 2 Hazards SECTION II 2 03 Waiver of Our Right to Recover from 4 VOLUNTARY COMPENSATION 2 Others INSURANCE 04 Foreign Voluntary Compensation 4 05 Voluntary Compensation Insurance 2 A. How This Reimbursement Applies 4 A. How This Insurance Applies 2 B. We Will Reimburse 4 B. We Will Pay 3 C. Exclusions 4 C. Exclusions 3 D. Before We Pay 5 D. Before We Pay 3 E. Recovery From Others 5 E. Recovery From Others 3 F. Reimbursement For Actual Loss 5 F. Employers' Liability Insurance 3 Sustained EMPLOYERS' LIABILITY STOP GAP 3 G. Repatriation 5 ENDORSEMENT H. Endemic Disease 5 06 Employers' Liability Stop Gap 3 05 Longshore and Harbor Workers' 5 Coverage Compensation. Act Coverage A. Stop Gap Coverage Limited to 3 Endorsement Montana, North Dakota, Ohio, SECTION III 6 Washington, West Virginia and 01 Schedule of Covered States 6 Wyoming Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 1 of 6 © 2000, The Hartford SECTION I PARTS ONE and TWO PART THREE 1. WE WILL ALSO PAY 2. How This Insurance Applies D. We Will Also Pay of Part One (WORKERS' Paragraph 4. of A. How This Insurance COMPENSATION INSURANCE); and Applies of Part 3 (Other States Insurance) is E. We Will Also 'Pay of Part Two replaced by the following: (EMPLOYERS' LIABILITY INSURANCE) is 4_ if you have work on the effective date of this replaced by the following: policy in any state not listed in Item 3.A. of the Information Page, coverage will not be We Will Also Pay afforded for that state unless we are notified We will also pay these costs, in addition to within sixty days. other amounts payable under this insurance, as part of any claim, proceeding, or suit we PART SIX defend: 3. Transfer Of Your Rights and Duties i. reasonable expenses incurred at our request, INCLUDING loss of earnings; C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the 2. premi:nns for bonds to re:iease following: attachments and for appeal bonds in bond amounts up to the limit of our Your rights or duties under this policy may liability under this insurance, not be transferred without our written 3. litigation costs taxed against you; consent. If you die and we receive notice within sixty 4. interest on a judgment as required by days after your death, we will cover your law until we offer the amount due under legal representative as 'insured. this law; and 4. 5. incur. Liberalization expenses we If we adopt a change in this form that would broaden .the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION AND 3. The bodily injury must occur in the EMPLOYERS' LIABILITY COVERAGE United States of America, its territories S. Voluntary Compensation Insurance or possessions, or Canada, and may occur elsewhere if the employee is a A. How This Insurance Applies United States or Canadian citizen, or This insurance .applies to bodily injury by otherwise legal resident, and legally accident or bodily injury by disease. Bodily employed, in the United States or injury includes resulting death. Canada and temporarily away from 1. The bodily injury must be sustained by those places. any officer or employee not subject to 4. Bodily injury by accident must occur the workers' compensation law of any during the policy period. state shown in Item 3.A. of the 5. Bodily injury by disease must be caused Information Page. or aggravated by the conditions of the 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3_A. of the Information Page. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of 6 officer's or employee's employment. The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' 'Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code An not. S 23 -4 -2. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance This reimbursement provision applies to Item 3.B. of the Information Page is replaced bodily injury by accident or bodily injury by by the following: disease. Bodily injury includes resulting death. B. Employers' Liability Insurance: 1. The bodily injury must be sustained by 1. Part Two of the policy applies to work in an officer or employee, each state listed in Item 3_A. 2. The bodily injury must occur in the course of employment necessary or The Limits of Liability under Part Two incidental to work in a country not listed are the higher of: in Exclusion C.1. of this provision. 3. Bodily injury by accident must occur Bodily Injury during the policy period. by Accident $500,000 Each Accident — 4. Bodily injury by disease must be caused Bodily Injury or aggravated by the conditions of your by Disease $500,000 Policy Limit employment. The officer or employee's last exposure to those conditions of your employment must occur during the Bodily Injury policy period. by Disease $500,000 Each Employee B. We Will Reimburse OR We will reimburse you for all amounts paid by you whether such amounts are: 2. The amount shovm in the Information 1. voluntary payments for the benefits that Page. would be required of you if you and your This provision 1 of EXTENDED OPTIONS does officers or employees were subject to any workers' compensation law of the not apply New York because the Limits Of Our state of hire of the individual employee Liability are unlimited. In this provision the limits are changed from 2. sums to which Part Two (Employers' Liability Insurance) would apply if the $500,000 to $1,000,000 in California. Country of Employment were shown in 2. Unintentional Failure to Disclose Hazards Item 3.A. of the Information Page. If you unintentionally should fail to disclose all C. Exclusions existing hazards at the inception date of your This insurance does not cover: policy, we shall not deny coverage under this policy because of such failure. 1. any occurrences in the United States, 3. Waiver of Our Right To Recover From Others Canada, and any country or jurisdiction which is the subject of trade or A. We have the right to recover our payments economic sanctions imposed by the from anyone liable fcr an injury covered by laws or regulations of the United States this policy. We will not enforce our right of America in effect as of the inception against any person or organization for whom date of this policy. you perform work under a written contract 2. any obligation imposed by a workers' that requires you to obtain this agreement compensation or occupational disease from us. law, or.similar law. This agreement shall not operate directly or 3. bodily injury intentionally caused or indirectly to benefit anyone not named in the aggravated by you. agreement. B. This provision 3. does not apply in the states of Pennsylvania and Utah. 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A. How This Reimbursement Applies Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 4 of 6 4. liability for any consequence, whether of America necessarily incurred as a direct direct or indirect, of war, invasion, act of result of bodily injury. Foreign enemy, hostilities (whether war Our reimbursement shall be limited as be declared or not), civil war, rebellion, follows: revolution, insurrection or military or usurped power. No endorsement now 1. to the amount by which such expenses or subsequently attached to this policy exceed the normal cost of returning the shall be construed as overriding or officer or employee if in good health, or waiving this limitation unless specific 2. in the event of death, to the amount by reference is made thereto. which such expenses exceed the normal D. Before We Pay cost of returning the officer or employee if alive and in good health. Before we reimburse you for the benefits to the persons entitled to them, you must have In no event shall our reimbursement exceed them : the bodily injury by accident limit shown in Item 3.B. of the Information Page as 1. release you and us, in writing, of all respects any one such officer or employee responsibility for the injury or death, whether dead or alive. 2. transfer to us their right to recover from H. Endemic Disease others who may be responsible for their injury or death, The word "disease" includes an endemic y diseases. 3. cooperate with us and do everything necessary to enable us to enforce the The coverage applies as if endemic right to recover from others. diseases were included in the provisions of the workers' compensation law. If the persons entitled to the benefits paid fail to do these things, our duty to reimburse 5. Longshore and Harbor Workers' ends at once. If they claim damages from Compensation Act Coverage us for the injury or death, our duty to General Section C. Workers' Compensation reimburse ends at once. - Law is replaced by the following: E. Recovery From Others C. Workers' Compensation Law If we make a recovery from others, we will Workers' Compensation Law means the keep an amount equal to our expenses of workers or workers' compensation law and recovery and the benefits we reimbursed. occupational disease law of each state or We will pay the balance to the persons territory named in Item 3.A. of the entitled to it. If persons entitled to the Information Page and the Longshore and benefits make a recovery from others, they Harbor Workers' Compensation Act (33 must repay us for the amounts that we have USC Sections 901 - 950).. It includes any reimbursed'you. amendments to those laws that are in effect F. Reimbursement for Actual Loss during the policy period. It does not include Sustained any other federal workers or workers' This endorsement provides only for compensation law, other federal reimbursement for the loss you actually occupational disease law or the provisions of sustain. In order for you to recover loss or any law that provide nonoccupational expenses under this reimbursement you disability benefits. must. Part Two (Employers' Liability Insurance), C. 1. actually sustain and pay the loss or Exclusions, exclusion 8, does not apply to expense in money after trial, or work subject to the Longshore and Harbor Workers' Compensation Act. 2. secure our consent for the payment of This coverage does not apply to work the loss or expense. subject to the Defense Base Act, the Outer G. Repatriation Continental Shelf Lands Act, or the Our reimbursement includes the additional Nonappropriated Fund Instrumentalities Act, expenses of repatriation to the United States Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 6 of 6 West Coast Code Consultants, Inc; dba: Eagle Eye Consulting Engineers; and Kimball Engineering EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed; in a written contract. written agreement or because of a permit issued by a state or political subdivision; that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above but only with respect to liability for "bodily injury. "property damage" or "personal and advertising injury" caused, in whole or in part. by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations: (b) In connection with your premises owned by or rented to you: or (c) In connection with "your work" and included within the "products- completed operations hazard; but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured: and (ii) This Coverage Part provides coverage for `bodily injury" or "property damage" included within the "products- completed operations hazard. (2) With respect to the insurance afforded to these additional insureds. this insurance does not apply to: "Bodily injury. "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render; any professional architectural; engineering or surveying services. including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance. and any rights or duties specifically assigned . in this policy to the first Named Insured. this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract. written agreement or permit 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. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment. including Supplementary Payments, we have made under this Coverage Part. we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON - OWNED AUTO B. With respect to the operation of a "non - owned auto ", WHO IS AN INSURED is replaced by the following: The following are "insureds ": d. Anyone liabile for the conduct of an "insured ", but only to the extent of that liability.