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Hexagon Transportation - Welburn Traffic Calming Study Agreement Amendment No. 1FIRST AMENDMENT TO AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS INC., FOR CONSULTING SERVICES WHEREAS, the City of Gilroy, a municipal corporation ( "City"), and Hexagon Transportation Consultants, Inc. entered into that certain agreement entitled Consulting Services, effective on March 17, 2017, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Hexagon Transportation 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 4, Section A (Consideration) of Original Agreement shall be amended to read as follows: "In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule'). In no event however shall the total compensation paid to CONSULTANT exceed $63,000.00. 2. Exhibit "B" ( "Scope of Services ") shall be amended to include the letter from CONSULTANT dated July 14, 2017, attached herewith, in addition to the letters from CONSULTANT dated March 15, 2017 attached to the Original Agreement. This Amendment shall be effective on July 31, 2017. 4. 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. 5. 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 [signature] Gabriel A. Gonzalez [employee name] City Administrator [tiu ✓department] Date: / /m /g Approved as to Form 48458215.55400 HEXAGON TRANSPORTATION CONSULT By: C By: [signature] Gary K. Black [name] President [title] Date: 1 O ATTEST: City Attorney 4845 -8215- 5e40,l e, 2_ I\ klIll �A HHOON TRANSPORTATION CONSULTANTS, INC July 14, 2017 Ms. Kristi Abrams City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Re: Proposal to Prepare a Traffic Calming Plan for the City of Gilroy Dear Ms. Abrams: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a traffic calming plan for the City of Gilroy. During the City Council hearing on July 10t1, 2017, the Council directed staff to prepare a draft traffic calming plan framework, obtain feedback on the draft framework from the Council and the public, and prepare a final traffic calming plan. The existing City of Gilroy Neighborhood Traffic Safety Program (NTSP) User's Manual, dated February 8, 2010 is very similar to a traffic calming plan. Therefore, Hexagon will prepare the draft plan framework based on the NTSP User's Manual and include other elements pertinent to a traffic calming plan. Scope of Services The tasks to be included in this proposal are: Preparation of Draft Plan Framework. Hexagon will prepare a draft traffic calming plan framework based on inputs from City staff that we already have received, as well as the existing NTSP User's Manual. The draft framework will include an outline of proposed options, process and applications, as well as any necessary verbiage for clarification. Hexagon will respond to one round of comments from City staff and prepare a revised plan framework for initial City Council and public review. Preparation of Traffic Calming Plan. After receiving comments from the City Council and the public, Hexagon will prepare a draft traffic calming plan as directed by staff. This may include additional technical analysis or research, as well as editorial changes. Hexagon will then work with staff to prepare a finalized traffic calming plan. 3. Meetings. The fee estimate includes Hexagon staff attendance at two public hearings in connection with the project as well as one meeting with staff. Time of Performance and Cost of Services The fee for preparation of the draft traffic plan framework (Task 1) is quoted for a lump sum amount of $9,000. The fee for Tasks 2 and 3 will be based on staff time and expenses not to exceed $21,000. We anticipate being able to complete the initial draft traffic plan framework within four weeks of authorization to proceed. 4 North Second Street, Suite 400 • San lose, California 95113 • phone 408.971.6100 - fax 408.971.6102 • www.hextrans.com �'4N Ms. Kristi Abrams July 14, 2017 Page 2 of 2 We appreciate your consideration of Hexagon Transportation Consultants for this assignment you have any questions please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. , gj- Gary K. Black President CERTIFICATE OF LIABILITY INSURANCE 31DATE(M I Dmw) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT,FICATE DOE6 NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EATCI,:. o _LTER 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: N the certificate holder is an ADDITIONAL INSURED, the pollty(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 eertifieato holder In lieu of such endarsemen s . PRODUCER CONTACT Melissa Rivera RC Fischer Co 1301 Ygnacio Valley Rd #100 Walnut Creek CA 94596 PHONE 925-627.5467 FAY E44.uL . . mrivera @rciischer.wm wsVRERs AFFOROwo COVERAGE "C:0 3112018 INSURER.A.:Travelers Indemnity of.CT 25682 INSURED HEXAG -1 INSURER BTravelers Prop Cas Co of Amer 25674 Hexagon Transportation Consultants, Inc. INSURERC -Technolo y Insurance Company 4 North Second SL, #400 San Jose CA 95113 INSURER D:Argonaut Insurance Company S2.ODO'000 wsuREa E': Travelers Indemnity Co. GEJERALAGGREGATE INSURER P PRODUCTS • COMP/OP AGG 54.000 000 COVERAGES CERTIFICATE NUMBER: 1170904063 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 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. AND CONDITIONS OF SUCH POLICIES.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $5EXCLUSIONS INTR TYPE OF INSURANCE IN UVVD POLICY NUMBER PMMIODYAYYY POLICY Yy LIMRs A X COMtlERCW. GENERAL LIABILITY CLAIMS-MADE ❑X OCCUR Y 88088411.482 3112017 3112018 FACHOCCURRENCE S2.00D.000 E Es - $300,000 MED EKP( one PN 55.000 PERSONALSADVINMY S2.ODO'000 GENT. AGGREGATE LIMIT APPLIES PER POLICY a JPERa E LDC OTHER GEJERALAGGREGATE S4 ,0001000 PRODUCTS • COMP/OP AGG 54.000 000 $ E AUTOMORILELIABILMY ANY AUTO ALLOWNED SCHEDULED X HIRED AUrDS X A OUTQSwNEO BADH798647 3112017 .3112018 MBINtnl 51.000.000 BODILY IWURY(Par Person) $ BODILY INJURY IPS Cai4enU S Pm amden S $ B X YLfeRELLA UAe EYCES$UAB X OCCUR CLUMS,MAOE CUP5819PB29 3112017 3112018 EACH. OCCURRENCE S5 ,000,000 AGGREGATE 55.000,000 OED RETENTIONS S D WORKERS COMPENSATION. AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORPARTNERIExECUTIVE ❑ OFFICERJMEMBER EXCLUDEDi (Mandatory In NH) u yyeepP dFSVlOa antler DESdRdIPTiON OF OPERATIONS De�w. NIA TWC3611791 3112017 3112018 OTH- X STATUTE EL EACH ACCIDENT S1,000,Doo E.L. DISEASE - FAEMPLOYEE S1,d00,000 EL DISEASE- PoUCYLnurr $1.000,000 D Professional LlaDlfity Claims -Made Form IAE134550 ,3112017 3112018 Each Claim $2.000,000 Aggmga(e $2,000,000 Deductible $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACOAD 101, AddlUcnel Remerhe Schedule, my $e nlech.d B man AD=. 4 naulnd) w Various City of Gilroy projects as assigned Thirty (30) Day notice of cancellation; Ten (10) day notice in the event of cancellation for non - payment of premium CERTIFICATE HOLDER CANCELLATION @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Gilroy 7351 Rosanna Street THE EXPIRATION DATE THEREOF, NOTICE V/1LL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Gilroy CA 95020 -6141 I AUTHORIZED REPRESENTATIVE @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680- 8841L4112- TCT -16 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 01 -05 -16 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 EMPLOYEES, OFFICERS, OFFICIALS AND VOLU MFRS 7351 ROSANNA STREET GILROY CA 95020 -8141 PROJECTILOCATION OF COVERED OPERATIONS: 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 opera- tions; 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 per- son or organization has assumed liability In a con- tract 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 limb which you agreed In that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance staled in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section M: However, if you specifically agree in a "contract or agreement requiring insurance" that, for the ad& tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 0 2007 The Travelers Companies, Inca Page 1 of 2 Includes the copyrighted material of Insurance Sarvleea o10ce, Inc., with its pe mission COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able 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 addi- tional 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 in- sured when the additional insured is also an addi- tional 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 CON- DITIONS (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 vrork" on or for the pro- ject or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der 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 insur- ance' with that additional insured entered into by you before, and in effect when, the 'bodily injury" or 'property damage" occurs, or the 'personal in- jury " 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 un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury' and "property damage" oc- curs, and the 'personal injury" is caused by an of- fense 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 Page 2 of 2 02007 The Travolars Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc.. with its permission