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HMH - 2012 Agreement - Amendment No. 6AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HMH FOR ON -CALL CIVIL ENGINEERING SERVICES DATED OCTOBER 1, 2012 AMENDMENT NO.6 This Amendment shall become effective when it has been signed by the City Administrator, Project Manager, and Consultant. Consultant shall sign 2 original copies provided by the City. All copies forwarded to Consultant for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Consultant's copy will be returned to him as his authorization to proceed with work. The existing contract and amendments thereof for Automall Parkway Project PS &E preparation includes pavement rehabilitation work. This amendment will begin to utilize the additional funding for pavement preservation approved by the City Council on June 6, 2016. This amendment will make use the design already prepared for pavement rehabilitation at Tenth Street and Chestnut Street. This amendment will also include an extension of the pavement rehabilitation limits on the existing Automall Parkway Project of the pavement rehabilitation portion on Chestnut Street from Tenth Street to Luchessa Avenue. Detailed scope of work, fees schedule, and project schedule are described in attached documents. The current contract with HMH is scheduled to expire October 1, 2016. This Amendment extends the term of the Agreement for Services between the City of Gilroy and HMH, dated OCTOBER 1, 2012 to October 1, 2017. The total compensation for this Agreement shall not exceed $60,900. All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by this Amendment. The contract time shall not extend unless expressly provided for in this Amendment. HMH hereby agrees to make the above changes subject to the terms of this Amendment for On -Call Civil Engineering Services. 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. 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. Consultant: HMI?( 1570 Oakland Road San Jose, CA 95131 a Date 7"1 City of Gilroy ACCEPTED: ACCEPTED: t GG f�/' es•-1 dw-¢ Title ACCEPTED: City Administrator Date r Iii14(',WZT_I:11 -111 L To: Henry SeMn Date: July 13, 2016 From_ Linda Grevera Job No.: 4231.01 - Subject: E. Tenth St and CheOut St. — — — Pavement Rehabilltation The original scope of the project based upon the Agreement dated October 1, 2012, Amendment 4 dated July 17, 2015 was to prepare PS &E for the design of improvements on Chestnut Street from the Intersection of E. Tenth Street to Luchessa Avenue. This work included widening on the south side of E. Tenth Street and widening Chestnut Street north of Princevalle Drain to its ultimate right -of -way width, Including median, sidewalk, curb and gutter, lighting and tree planting. Along Chestnut Street, from Princevalle Drain to Luchessa , the project only Included restriping and signage. it also Included traffic signal modifications to accommodate an 8 -phase signal operation and dual left turn lanes on EB Tenth Street for motorists turning onto SB Owstnut Street This design was developed to almost 65% level. The city revised the scope to not include the widening and to only include pavement rehabilitation at E. Tenth Street and Chestnut Street This design was submitted as 65% PS &E. City comments were received and we have begun Incorporating the comments. Based on our most recent telephone conversations, it Is our understanding that the City now desires to expand their E. Tenth Street and Chestnut Street Pavement Rehabilitation project to Include Chestnut Street from approximately 300 feet south of the E. Tenth Street intemection to Luchessa Avenue and on Luchessa Avenue to approximately 75 That on either side of the Chestnut Street intersection. The revised scope will Include: 1. Prolect Management Additional project management for the revised scope. 2. Draft PS &E (95 %) Submittal Create 20 Scale Base Sheets to cover the portion of Chestnut Street from Pdncevalle Drain to Luchessa Ave, including 75 feet on Luchessa Ave either side of the intersection. 1570 Oakland Road I San Jose. California 95131 1 (408) 487-2200 1 (408) 487 -2222 Fax I WVAV.HMHca.com Page 2 of 3 Based on a field review, prepare an exhibit showing proposed locations of additional pavement rehabilitation on Chestnut Street from Princevalle Drain to Luchessa Avenue and at Luchessa Avenue intersection. After review of the proposed additional pavement rehabilitation locations by the City, incorporate the comments into the plans and complete Draft PS&E to provide an opportunity for the agencies to thoroughly review the details of the project. The following types of plans will be prepared: • Title Sheet • Notes, Typical Cross Sections and Details • Existing Conditions • Street Improvement Plans • Signing and Striping Plans • Water Pollution Control Plans Update the technical specifications in draft form using City and Caltrans 2010 Standard Specifications, and incorporate "boilerplate" legal and contractual provisions provided by the City. Update the preliminary Estimate of Probable Construction Cost for use In the Bid Documents using standard City and/or Cakrans items. 3. Quality Assurance Review Generally consistent with the original scope. After review of the Draft PS&E (95%) by the City and other agencies, prepare the Final PS&E Bid Documents for the revised scope in accordance with the CIVs Instructions. Provide the Final PS&E Bid Documents to the City and other agencies to review, provide minor final comments and approve the documents for advertisement and construction. Submit Final PSS E Bid Documents for signature. 1 = t� l =J1 7. IT, 1 �• , wI • 1 _ll.• 11 _ •• *1C 1,111 - Generally consistent with the original scope. Our estimated fee for the above work is $60,900. Our current contract has budgets available to complete these services which we propose to reallocate as shown on the Page 3 of 3 attached sheet It should be understood that remaining budget balances will not be sufficient to complete PS&E for the original scope (widening Tenth Street and Chestnut Street) and a future amendment would be needed to complete this work We understand that the Citys goal Is to bid and award the contract for this project by the end of this summer. To reach that goal, we have prepared the attached schedule. This schedule proposes that the contract be advertised after the 100% submittal and any changes required by City review after that be issued as an addendum. Tenth St and Chestnut St Pavement Rehabilitation -Phase 1 San Jose. CA Fee Proposal HMH Engineers Confidential Page 1 Nindo Senior EnIlnear S AOSletam E near. 2 Man Survey -Crew TOTAL HMH TOTAL Subs & Odhw Dl Cwb Total Cwt wh5 %MN on Subs Rounded Bud Mt $ZUU.w MUM I sz�uxl HOURS 1 5 $ ASKS A. SERVICES Project Management 16 8 I 24 $4448 $4448 $4,400 95% PS&E Submittal Create 4 Addl 20-Scale Base Sheets 2 2 20 24 $3,232 $3.232 Field Review and Exhibit for Add'I Pavement Rehab 6 6 10 22 $3.396 $3.396 Titre Shoat 2 4 6 5816 $816 Notes Typical Cress Sections and Details 2 2 4 1 8 14 $2,032 $2.032 EXISIMO Conditions 9 2 6 8 $1,068 $1,068 _ Street hn ro moat Plans 9 2 12 1 8 22 $3,280 -$3280 SI Ing and Stflium Stn Plans 6 16 22 $2,952 $2,952' Water Pollution Control Plans 6 4 6 10 $1,380 $1.380 Specifications 2 24 8 34 $5,152 $5,152 Estimate 4 8 12 $1,632 $1,632 Prepena Project Schedule 1 1 4 5 $824 $824 Quality Assurance Review 4 1 2 8 14 $2,120 52.120 $27900 100 %/Final PS&E Submittal Revise PS&E 4 40 56 100 $14.096 $14096 S1 100 Post Deal on Services No Change) $3.000 SeMces During Construction No Change) $6000 Record DraMn s No Change) $4,000 ask 996Ralmburaabte $1,5110 $1,600 TOTAL HE rTMX$ 20 58 0' 17 _ - .:$7800 - -518.720 ..E19908u L__$p� -j —_ $48.428 - -$0- - $47,928= Fee Proposal HMH Engineers Confidential Page 1 TIMETABLE DESIGN & CONSTRUCTION OF S. TENTH STREET AND CHESTNUT-STREET PAVEMENT REHABILITATION Na fim s 1 Field Review RW Prepma&on of Exhibit 4days Ay Revkwof EaNblt ----- - 12 days are aM Submil95 %P58E- - i -20- days - RfW by City 10days Respond M Cmmwmsl Npme lWXME 6days BM Adrenisement by City (Peg Design Services 45days by Rmm Bid f poe by C&y - — — - 1 ay Fri Fi/24161 WedWM6 Zhu6W16 Ftivis -Mon 7flBfl6 Fri fl111f16 Mon8f1Y16-- Fri &r24116 MMWM6 Fn WZ"6 I I Mm%W6 Fri 111416 —Mon 111786 Mm 11U110 a 4 s 6 7 6 CmTM AWp lby City (Services tludtg Consbuc46n by min i 19days I- Tue 1119/161 Mm11121f16 9 6o days Tue 17f2L1fi Mon X1-17 Ot wl Y Tnl mwM e A"ust 8,1616 HMH eroiect 4da1D1 Client#: 164 HMHENGIN ACORD. CERTIFICATE OF LIABILITY_ INSURANCE DATE(MWDD/YYYY) 3/29/2016 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 poiicy(ies) must be endorsed. R SUBROGATION IS WANED, 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 cerUTLcate holder in lieu of such endorsement(s). PRODUCER Doris A. Chambers Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604.2675 510 465 -3090 David C. Eckman H'NI ; � ; 510465 -3090 R, ; 510452 -2193 HOOK . dchambersCc6dealeyrenton.com RLSIIHER AFTOROWG COVERAGE NAICe INSURER A: Travelers Indemnity Co. of Conn 25682 INSURED HMH Engineers INSURER 8: American Automobile Ins. Co. - 21849 INSURER c: Catlin Insurance Company, Inc. 19518 1570 Oakland Road INSURER D: Trumbull Insurance Company 27120 San Jose, CA 95131 INSURER E: $1,000,000 INSURER F: GENERAL AGGREGATE 52000000 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. ILTTRB TYPE OF INSURANCE ADD SUBS POLICYNUMBER POLICryyFF POLICY C UP GAS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 6808945LB7.f 012O9D /2016 03/29/2017 EACH OCCURRENCE E1 000 000 P ES c Q $1,000,000 MED EXP (Any are Person) $10000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO. Poucy �ECT OTHER: GENERAL AGGREGATE 52000000 PRODUCTS AGG , E2 O00000 $ D AL70MOSILE UABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-OWNED - AUTOS X X 57UEGAT0879 3129/2016 03/29/2017 COMBINED SINGLE LIMIT 1,000,000 X -- BODILY INJURY (Per person) '$ ,BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Pmamdmt $ $ UMBRELLA L'IAB EXCESS UAS OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE E DIED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPflIETORIPARTNER/EXECUTIVE YIN N OFFICERAI M ER EXCLUDEED? (LlsntlMOry in NH) If We describe under DESCRIPTION OF OPERATIONS Wow N I A X WZP81028149 9/01/2015 09101/201 X PER 10H- 1T E EACH ACCIDENT $11,000,000 E.L DISEASE - EA EMPLOYEE $1,000,000 E.1- DISEASE - POLICY LIMIT $110100000 C Protessl6nal Liability AED6846170317 3129/2016 03129/201 $2,000,000 per Claim $4,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS % LOCATIONS/ VEHICLES (ACORD 101, Addblon id Remarks Schedule, may to. hod II mom space M required) GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICE_ S. REF: ALL OPERATIONS OF THE NAMED INSURED. City of Gilroy, Its officers, employees, officials, and volunteers are additional Insureds with respect to General Liability and Auto Liability as per policy form wording. A Waiver of Subrogation applies to the Workers Compensation policy. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020.6141 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE , WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE 01988 -2014 ACORD CORPORATION. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered (narks of ACORD #S1652666/M11652275 DAC POLICY NUMBER: 681089451873 COMMERICAL GENERAL LIABILITY ISSUE DATE: 03/29/2016 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 7351 Rosanna Street Gilroy, CA 95020.6141 PROJECTILOCATION OF COVERED OPERATIONS: NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONS CONTINUED: City of Gilroy, Its officers, employees, officials, -and volunteers. PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part but only with respect to liability for bod- ily Injury", 'property damage" or 'personal Injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; 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 render- ing of or failure to render any "professional services ". e. The limits of Insurance afforded to the addi- tional Insured shall be the limits which you agreed in that'contract or agreement requir- ing Insurance" to provide for that additional Insured, or the 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 III) for this Coverage Part. S. 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 addi- tional Insured shown In the Schedule„ the insur- ance provided to that additional insured under this CG D3 82 09 07 Page t ® 2007 The Travelers Companies. Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY 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 agreement requiring insurance" for such additional insured. But this Insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is 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 GENERAL LIABILITY CONDITIONS (Section 1V): 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 1): "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 Ike 2 ®2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission 57UEGAT0879 COMMERCIAL AUTOMOBILE HA 9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: Paragraph A.I. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1.) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph,A.t. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement,. that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured ", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non - Contributory if Required by Contract Only with respect to insurance provided to an additional insured in I.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement 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. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (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, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees ". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of 'Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical, Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following ,limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical: Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident ", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident ". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN /LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto ", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan /lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance :purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced, by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss ", is: (1) Permanently installed in or upon the covered "auto "; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto "; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss ", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto ", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE,, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident ", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you ,must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 0 you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos ", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non- hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10 %, to a maximum of $2,500, of the "non- hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto musfbe replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non- hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined, as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto ", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we wily pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted, material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5 Insured: HMH Engineers Policy Number. WZP81028149 Effective Date: 09/01/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description NAME OF PERSON(S) OR ORGANIZATIONS CONTINUED: City of Gilroy, its officers, employees, City of Gilroy officials, and volunteers. 7351 Rosanna Street Gilroy, CA 95020.6141 Countersigned by r ,L Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: