Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1FIRST AMENDMENT TO HONEYWELL INC. AGREEMENT FOR SERVICES FOR
PROJECT 14- RFP -ASD -372 HVAC SERVICES
WHEREAS, THE City of Gilroy, a municipal corporation ("City"), and Honeywell Inc. entered into
that certain agreement entitled Agreement for Services for Project 14- RFP -ASD -372, HVAC SERVICES,
effective on July 1 ", 2013, hereinafter referred to as "Original Agreement"; and
WHEREAS, City and Honeywell 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 July 1", 2016 and will continue in effect
through June 30`h, 2018 unless terminated in accordance with the provision of
Article 7 of this Agreement or the term of the agreement is extended as described
hereinafter. No extension, amendments, modifications, alterations, or changes to
the terms of this Agreement shall be effective unless and until made in writing
signed by moth parties hereto.
2. ARTICLE 4. COMPENSATION of the Original Agreement shall, be amended to read as follows:
Inconsideration for the services to be performed by CONTRACTOR, CITY agrees to
pay CONTRACTOR the amounts set forth in exhibit "C" ( "Contractor Proposal "). In
no event shall the total compensation paid to Contractor exceed $120,540.00 for
the period July 1", 2016 to June 30`h, 2017 and $124,156.00 for the period July 1 ",
2017 to June 30th, 2018.
3. Exhibit A Section V., H., Notices of the Original.Agreement shall be amended to read as
follows:
Notices are to be sent as follows:
CITY: Walter Dunckel
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
4. This amendment shall be effective on June 30th, 2016.
5. Except as previously 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. 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 OF GILROY
By:
Name: Gabriel A. Gonzalez
Title: City Administrator
Date:
Approved as to Forrn
City Attorney
HONEYWELL INC.
By:
Name:
Title: SeA)icc [�c�
Date: /8� /L
CERTIFICATE
_TIFICATE OF LIABILITY INSURANCE
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CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL.THE TERMS,
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), AUTHORED
POLICY Nualmh
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER
IMPORTANT: IFW owUftate holder Is an ADDITIONAL INSURED, the poll lea) must have ADDITIONAL. INSURE) Provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terns and Conditions of the pollw. Oerfeln policies may regulre an endomemem. A statan nt o-n
this cortlRcate does not confer rights to the oertlfleala holder In lieu of Such endomorderd(a).
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Nan York NY 10038-3551 USA
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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. LIMITSIHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIpdbylOWp an s
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I[PrOj• RE: City of Gilroy; Gilroy CA; Honeywell Contract a 400984191 [AI: City of Gilroy, its officers and employees] Are
included as additional insured for General Liability and AUtedobile Liability with respect to Honeywell operations in
connection with Honeywell Contract a 40098419.
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City of Gilroy
7351 Rosanna St
Gilroy CA 95020 USA
ACORD 25 (2018103)
CANCELLATION
SHOULD ANY OF THE ABOVE DEWMM POLXM BE CM CBLLEO BEFORE THE
EXPIRATION DAYS THWAF. NOTICE wOl BE OELVEEREGI US ACCORININCE WITH THE
POLICY PROVMM .
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®1988 -2015, ACoRD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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AGENCY CUSTOMER UT: 570000054391
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Honeywell international Inc.
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See Certificate Number: 570061522250
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see certificate Number: 570061522250
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ADDmONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: CerUUoate of UabllRylnmuranoe
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for poUcy limits.
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ACORD 101(200801) n 2008 ACORD CORPORATION. AR Moto naarved.
The ACORD name and logo ars Laphtmed marks of ACORD
POLICY NUMBER:
RGC943763003
COMMERCIAL
GENERAL LIABILITY
CG 2010 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 O nlzado s :
Locations Of Covered Operations
City of Gilroy, its officers and employees
RE: City of Gilroy, Gilroy CA; Honeywell
Contract # 40098419
Information required to complete this Schedule if not shown
above will.be shown in the Declarations.
A. Section Il — 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
exclusions 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,aris4s has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
CG 2010 07 04
® ISO Properties, Inc., 2004
®Insurance Services Office, Inc.
ISO I Commercial General Liability Fortes 107/01/04
POLICY NUMBER: COMMERCIAL
RGC943763003 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
O erations
City of Gilroy, its officers and employees
RE: City of Gilroy; Gilroy CA; Honeywell
Contract 11140098419
Information required to complete this Schedule, if not shown above, will be shown. in the Declarations.
Section If — 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 damage" 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