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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 OOG6O018 """ msople " "' 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). Xi PRODUCER I CONTACT Adn Risk Services Northeast, Inc. New York NY Office 199 water Street Nan York NY 10038-3551 USA EACH OCCURRENCE v p _ [;MOM (6 66) 283 -7122 600- 363 -0105 ELUL ADDRa84 rnational Inc. NI 07950 USA MURM" AFFORDING NA10 e Grewch insurance r I 22322 MURER A oa INaw1ER a: XL Insurance America Inc 124554 ' 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 TYPN OF DOLMANce POLICY Nualmh _LOOTS Xi GO&VAERCIALMENEM LLWMY R EACH OCCURRENCE SS.000,000 CLAWS41AOE M OCCUR 11W PREMISES ma mmummm) 55,000,000 ' Mm e2eP Wwvv Pneerin 550,000 PERSONAL A ADV 11UDRY _$5,000,000 GEN'L AGGREGATE LINT APPLIES PER; GENERALAOGREGATE $5,000,000 X POLICY ElipeRCOT' ❑'LOC PRODUCTS• COMP,OP AGO Included OTHER: A AUTOROMAU UTr RAC943764203 AOS 04/01 /2016 04/01/2017 COMOLWO SINGLE LAST flM addern 35,000,000 aOORY power I For panenl BODILY WAR OWNED BCt1E0tA.m j,ANYAUT0 AUTOS ONLY AUTOS NOWNM6D PROPERTY DNBAGE ONLY AUTOS ONLY MweaddwO IUMRELLAUAg _ OUR CCCt'AMOM EACH OCCURRENCE EXCESBLIAB AGGREGATE DED RETENTION e sORINR6COaFeNeATMNAND ROD 4354 04/01/2016 04/01/2017 X p OTµ C .E�IOYER6!41A�RY I P�ARiHErt�IeGCU11VE [f In 0 �r t�r DESdpIPTON OF OPERATIONS, W. MIA AOS RWC943540203 AK, WI 04/01/201604/Dl/2017 E.L. EACH ACCIDENT SS,000.OD0 EL _ _ EMPLOYEE SS.000.000 E.LDISSAST:,POUCVMT $5.000.000, C Excess SIC JUE943540403. -3P0-26 2017 EL Ea ACC t 5, 00 AZ, OH, WA EL Disease - Ea EMP S5,DOO,000 SIR applies per policy terfs & condi ions EL Annual Aggregate 35,000,000= 'OaDCRIPYIm10FOPORAT ILOCATWMII MICLSa *RD 40 AOOMaml RelarYe Devote, Aw M AVewe nwereep. Is rnvlv4l 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. i 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 . t! / G'i i ®1988 -2015, ACoRD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r Y m u AGENCY CUSTOMER UT: 570000054391 LOC A: AC4 d' k.� ADDITIONAL REMARKS_ SCHEDULE Page _ of _ ApENC'/ -- - - Ann Risk Services Northeast, Inc. NMQp R19URED Honeywell international Inc. ' .. POucrNUtmsN See Certificate Number: 570061522250 cALao=R- see certificate Number: 570061522250 NAZCOOE MWECrnE OAT=.: 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. MTS LLRR trr8 OFD1mIIRAnCL um SW" - ... POLICY Nnr4ama POLICY ��rWz D roucv LtOtBAR Latm OTHER C RWE943540503 Excess WC - NN SIR applies per poll cy tei 04 1 2016 ms & Condit 0 2017 ns ' Excess WC Lielts - are Statutory in AZ, OH, WA, & NN 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