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MNS Engineers - 2014 Agreement - Amendment No. 2 (15-PW-216)AMENDMENT TO AGREEMENT FOR SERVICES BEWTEEN CITY OF GILROY AND MNS ENGINEERS INC. FOR SIXTH STREET IMPORVEMENTS, LED TRAIL LIGHTING, LED UPGRADES, AND FIBER OPTIC REPAIR PROJECT NO. 15 -PW- 216 DATED OCTOBER 10, 2014 AMENDMENT NO. 2 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. This Amendment is for additional design services for the Sixth Street Improvements, LED Trail Lighting, LED Upgrades, and Fiber Optic Repair project, in an amount not to exceed $19,654.00. Additional construction management services were required to address unforeseen field conditions and to close out the project. This extra work required MNS to expend additional man hours in the performance of its construction management duties. This will complete the project. All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by the Amendment. The contract time shall not extend unless expressly provided for in this Amendment. MNS Engineers, Inc. hereby agrees to perform work subject to the terms of this Amendment for additional project and construction management services. Consultant: MNS Engin rs, Inc. By K ryn Lett, As siaot Resident Engineer Datej���p ACCEPTED: �J S -fte e i io Engineer, Projec ger Date Rifielser;''rector of Public Works 01 Date 4845 - 8215 -55400 -1- MDOLINGER104706083 Date' A16.. C)Ra CERTIFICATE OF LIABILITY INSURANCE � DATE(MMIDO/YYYY) r 6/15/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFiRMATMLY OR NEGATWELY 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(les) 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 Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 CON Risk Strategies Company PHONE s49- 242 -s2aD FAX ,v� Exn* E-MAIL ADDRESS: o risk -strat les.com INS AFFORDING COVERAGE NAIC0 www.risk- strategies.com CA DOI License No. OF06675 WsuREtA : Travelers Indemnity Co. of CT 25682 INSURED MNS Engineers, Inc. 201 N. Calle Cesar Chavez, Suite 300 INSURER a: Traveiers Indemnit y Co. 25658 1NSE unc: Travelers Property Casua Co. of America 25674 INSURER D. Continental Casualty Company 20443 Santa Barbara CA 93103 INSURER E $ $10,00 INSURER F COVERAGES CERTIFICATE NUMBER- 25494385 ROASiG% 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 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 TR TYPE OF INSURANCE POLICYNUMBER POLICY EFF MMID POLICY EXP MM/DD/YYYY LIMITS A COMMERCWL GENERAL LIABILITY ClAM1S -MADE © OCCUR 68022171-895 6/14/2015 6/14/2016 EACH OCCURRENCE $ $1,000.000 Ea S $1,000,000 MEDEXP Vay one won $ $10,00 PERSONAL B AOV IN.RIRY $ $1,000,000 GWL AGGREGATE LIMIT APPLIES PER: POLICY a JET ❑ LOC GENERAL AGGREGATE S $2,000,0 PRODUCTS - COMP/OPAGG S $2,000,00 $ OTHER: B AUTOMO13LE LIABILITY � BA222OL967 6/14/2015 6/1412016 �EDDtSINGLE LIMIT $ $1,()00,00 BODILY INJURY (Par parson) $ �/ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS PION -OWNED HIREDAUTOS A/ITOS BODILY MARY (Par au9dw t) S PROPERTY DAbL4C;E r aoddwU $ $ C UMBRELLA LIAa 1 ✓ OCCUR CUP8E545094 6114 /2015 6114/2016 EACH OCCURRENCE $ $5,000,00 0 EXCESS LIAB CWAAS MADE AGGREGATE Is $5,000,000 DEAD ✓ RETENTION 0 $ I3 ANEW � � E � YIN ANY PROPRIETORIPARTMERIEXECUTIVE OFFICERI MEMBER EXCLUDED7 NIA U83240T745 6111,02015 2015 6/14/2016 E ID TUTE EL EACH ACCtDENT $ $1,000,OOD E.L DISEASE - EA EMPLOYEE _ S $1,000,000 (Mandatory In NH) tl SON un0or DESCRIPTION OF GPERATIDNS below E.L. DISEASE - POLICY LiNHT S $1,000, D Professional Liability MCH591876489 6/14/2015 6/14/2016 $2,000,000 Per Claim $2.000,000 Aggregate DESCRFTFW OF OPERA nONSI COCA rKWS I VEWLES (ACORD 1e1, Addrdona( Remarks Sawdvre, may be atfacbedit more space is requxedl Projects as on file with the Insured Including but not limited to CM Services - Eiglebeny Street Resurfacing Project. City of Gilroy, Its officers, elected or appointed officials, employees, agents and volunteers are named as additional insureds on the general & auto liability policies. General Liability insurance is primary and non- contributory. The above policies contain a 30 -day notice provsion for non - renewal & cancellation, 10-day notice for non - payment of premium. City of Gilroy Public Works Division 7351 Rosanna St. Gilroy CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE iMTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael Christian v 1V66 -2U34 AL;UKU GVRPVRATIVN. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 25094365 1 15 -16 GL- AM- UM -NC -PL I Sherry Young 1 6/15/2015 9:45 :43 All (PDT) I Page 1 of 6 Insured: MNS Engineers, inc. Policy No.: 68022171-895 Effective Date: 6/14/2015 COMMERCIAL GENERAL LIABILITY 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, its officers, elected or appointed officials, employees, agents and volunteers PROJECT /LOCATION OF COVERED OPERATIONS: CM Services, Elgleberry Street Resurfacing Project PROVISIONS A. The following is added to WHO IS AN INSURED (Section Ii): The person or organization shown in the Schedule above Is an additional insured on this Coverage Part, but only with respect to liability for 'bodily injury", "property damage" or "personal 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 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 rendering of or failure to render any "professional services ". 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 111) 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 additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with 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 e. The limits of insurance afforded to the agreement requiring insurance' for such additional insured shall be the. limits additional insured. But this insurance still is which you agreed in that "contract or excess over valid and collectible other agreement requiring insurance" to Insurance, whether primary, excess, provide for that additional insured, or the contingent or on any other basis, that is CG D3 82 09 07 02007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc,, with its permission. 25094195 1 15 -16 GL- AUT0- UNB -NC -PL I Sherry Young 1 6/15/2015 9-45:43 AM (PDT) I Page 2 of 6 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 GE13ERAL 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 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. CG D3 82 09 07 ® 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 25094385 1 15 -16 GL- AJM- 0M -WC -PL I Sh—y Young 1 6/15/4015 9:45:43 Ali (POT) I Page 3 of 6 Page 2 of 2 Insured: MNS Engineers, Inc. COMMERCIAL AUTO Policy No. BA2220L967 Effective Date:6/14/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT Person or Organization: City of Gilroy, Its officers, elected or appointed officials, employees, agents and volunteers This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED R AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS E TRAILERS -INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMiT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is In effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours Is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, white I. WAIVER OF DEDUCTIBLE -GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered °`auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: CA T4 20 0710 0 2010 The Travelas indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with Its permission_ 25094385 1 15 -16 G-. AUTG- Urte- WC -P7. I Sherry Young 16/iS/201S 9:45:43 ADO (PDT) I Page 4 of 6 Page 1 of 3 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11- LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover, We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II- LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION 1- COVERED AUTOS: 1. 'Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION 111 - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "toss" in any one °accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss", or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND OATA ELECTRONIC EQUIPMENT -INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III - PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced, J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured ". and (2) In or on your covered "auto ". This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects cover- age. Page 2 of 3 02010 The Travelers Indemnity Company. Afl rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 25094385 1 I5 -16 GL- AUTO_UMS -WC -PL I Sherry Young 16/1S/201S 9:45:43 AN (PDT) I Page 5 of 6 CA T4 20 0710 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that In- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION PI — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and COMMERCIAL AUTO (2) Any (a) Overdue lease or loan payments at the time of the loss'; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor, (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0710 02010 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. 25094385 1 15 -16 6L- A'JM- U14e -WC -PL I Sherry Young 1 6/1512015 9:45:43 AN (PDT) I Pagc 6 of 6 Page 3 of 3