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Home My WebLink AboutDokken Engineering - 2004 Agreement - Amendment No. 10WHEREAS, the City of Gilroy, a municipal corporation ( "City'), and Dokken Engineermg ( "Dokken") entered into that certain agreement entitled Agreement for Services, effective on August 16, 2004, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Dokken 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. Where shown in the Original Agreement, CONSULTANT principal place of business /address shall be amended to read as follows: 110 Blue Ravine Road, Suite 200 Folsom, CA 95630 -4713 2. Article 1, "Term of Agreement," of the Original Agreement shall be amended to include the following paragraph: Any lapse in insurance coverage as required by Article 5, 'Obligations of Consultant," of this agreement shall terminate this Agreement regardless of any other provision stated herein. 3. Article 5, "Obligations of Consultant," first paragraph under section titled, "Insurance ", of the Original Agreement shall be amended to read as follows: In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred 4845-8215-55400 -1- MDOLINGER104706083 to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 4. Article 8, "General Provisions," section titled, "Governing Law," of the Original Agreement shall be amended in its entirety to read as follows: Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in the state and federal courts located in Santa Clara County, California. 5. Exhibit "B" (Scope of Services) of the Original Agreement shall be amended to incorporate the following services: a) Update and revise project front -end specifications to current City template; b) Update and revise project Special Provisions to 2010 Caltrans Standards; C) Change curb ramp design to latest ADA standards; and d) Add new City waterline to base plans. 6. Exhibit "B" (Scope of Services) of the Original Agreement shall be amended to incorporate the attached proposal dated August 6, 2014. 7. Exhibit "C" (Payment Schedule) of the Original Agreement shall be amended to incorporate the attached proposal dated August 6, 2014. Total compensation for this amendment shall not exceed $26,070. This Amendment shall be effective on August 16, 2004 and valid until December 30, 2015. 9. 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. 10. 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 dat forth besides their signatures below. C ILROY Dokken Engineering By: By. [signature] [si atur Thomas J. Haglund Richard T. Liptak [employee name] [name] City Administrator President [tide/ partment] [title] Date: l Date: <Z19114 4845- 82155540vi _ MDOIINGEM04706083 -2 Approved as to Form City Attorney, �vi�iar� 4845- 8215 -55400 _ MDOLINGEM04706083 _3 August 6;.2014 Mr. Henry Servin, P.E. City Transportation Engineer City of Gilroy, Engineering Division 7351 Rosanna Street Gilroy, CA 95020 RE: On -Call Civil Engineering Services Amendment No. 10 for Sixth Street Improvements Dear Mr. Servin: The purpose of this letter is to request an amendment to the existing On -Call Civil Engineering Services contract between the City of Gilroy and Dokken Engineering to convert the bid package for "Sixth Street Improvements, LED Trail Lighting, LED Upgrades, and Fiber Optic Repair" to Caltrans 2010 standards, new City boilerplate specifications and current ADA curb ramp standards. The proposed scope of services, Exhibit A, includes the following: 1) update and revise special provisions to 2010 Caltrans Standards , 2) change curb ramp design to latest ADA standards, and 3) add new City waterline to the base plans. The total cost for these revisions to the PS &E package is $26,070, with a portion of that cost transferred through Dokken to our subconsultants Harris & Associates and Merrill Morris. The existing contract amounts from Amendments 7 through 9, along with this request are shown in the following table. The Estimated Labor Hours and Cost for the remaining work are attached as Exhibit B. Camino Arroyo '~. Bridge Project Total: Existing Contract Amendment 7 & 8 $52,638.00 Amendment 9, 4/21/2014 $10,940.00 Amendment 10, 7/28/14 $26,070.00 Contract Totals $89,648.00 There need be no change to the duration of the contract, currently set at June 2015. lf.this amendment request is acceptable to you, please return a copy to our office at your earliest convenience. Please contact me at (916) 858 -0642 if additional information is needed. Dokken Engineering appreciates the opportunity to perform these services for the City of Gilroy. 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 -4713 • Tele: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Mr. Henry Servin August 6, 2014 Page 2 Sincerely, DOKKEN ENGINEERING Matthew N. Griggs, P.E. Project Manager Attachments Exhibit A — Scope of Services Exhibit B — Estimated Labor Hours and Cost cc: File 1450 -052 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 -4713 • Tele: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Contract Amendment #10 Revised 816114 ARTICLE 4, COMPENSATION This amendment adjusts the scope of work and compensation to complete a bid package for various improvements on Sixth Street from Eigleberry Street to Camino Arroyo. The amendment covers revising the project from 2006 Caltrans standards to 2010 Standards, updating the curb ramp shapes for current standards, and adding the new City waterline to the plans. The major work element in the amendment is conversion of the special provisions to be performed by Dokken, but also requires input from our subconsultants Harris & Associates (Harris) and Merrill Morris. EXHIBIT "A" SCOPE OF SERVICES TASK 6 — SIXTH STREET IMPROVEMENTS Task 6.7 Update /Revise Special Provisions to 2010 Caltrans Standards Dokken will edit 2010 Standard Special Provisions to replace the 2006 version previously prepared. Dokken will check if the necessary requirements are now covered in the Standard Specifications, or if a special provision is still required. Bid items will be renamed on the plans and bid sheet to ensure consistency with the 2010 bid items. Dokken will work with Merrill Morris to check the landscape provisions and edit the new special provisions for landscape and irrigation. Task 6.8 Change Curb Ramp Design for Latest ADA Standards Harris will revise the curb ramp wings at Sixth and Eigleberry Streets to conform to the side slopes and approach of the current standards. This will require the limits of the landscaping improvements to be revised as well. Task 6.9 Add New City Waterline to Base Plans Harris will add the new City waterline to the base plans. It crosses the storm drain proposed for installation to keep drainage working with the new curb extensions. End of Amendment No. 10. ®DOKKEN EXHIBIT A, Scope of Services . N. I N k k k� N EXHIBIT B -- Estimated Labor Hours and Cost ON -CALL CIVIL ENGINEERING SERVICES Contract Amendment #10 August 6, 2014 DOKKEN E N G I N E E R I N G www.dokkenengineering.com Exhibit B OOKKEN ENGINEERING ui `y O1 to c u m Task Description rn Q+ , W ui ._ a m B c c o = GRAND TOTAL OTHER DIRECT GRAND TOTAL �-' R c7 U, d y y w C w W p U OTHR (HOURS) COSTS (COST) a ° c ¢ U c TOTAL RECT TOTAL COST a m U N o a HO URS COST o 0 y O � � F $200 $150 $150 $150 $90 $142 $80 TASK 6 - SIXTH STREET BID 8 CONSTRUCTION SUPPORT 15 74 16 10 4 119 $8,350 $26.070 119 $8,350 S26 070 6.7 Update/Revise Special Provision to 2010 Standards 9 60 16 8 4 97 $3,800 $18,040 97 $3,800 $18,040 6.8 Change Curb Ramp Design for Latest ADA Standards 4 10 1 15 $3,350 $5,740 15 $3,350 $5,740 6.9 Add New City Waterline to Base Plan 2 4 1 7 $1,200 $2,290 7 $1,200 $2,290 TOTAL HOURS 15 74 16 10 4 119 119 TOTAL COST $3,000 $11,100 $2,400 $900 $320 $8,350 $26,070 $8,350 $26,070 Client#: 654 DOKKEENGI � 1�,, CERTIFICATE OF LIABILITY INSURANCE COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE /0612014m1 PRODUCER .. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 12675 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 A 510 465 -3090 INSURERS AFFORDING COVERAGE .INSURED INSURER A: American Automobile Ins. Co. Dokken Engineering Inc. 110 Blue Ravine Rd., Suite 200 Folsom, CA 95630 INSURE RB: National Union Fire Ins Co Pitt INSURER C: Catlin Insurance Company, Inc. INSURER D: INSURER E: $1 O 000 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MM/DD LIMITS A GENERAL LIABILITY POM —MERCIALGENERALLIABILITY CLAIMS MADE 7 OCCUR AZC80875810 05/31/14 05/31/15 EACH OCCURRENCE $1,000,000 FIREDAMAGE(Anyonefire) $1 000000 MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIESPER: POLICY' X PRO LOC PRODUCTS - COMP /OPAGG '$2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS AZC80875810 05/31/14 05/31/15 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO. AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY XI OCCUR 71 CLAIMS MADE DEDUCTIBLE .RETENTION $ EBU015077204X 05/31/14 05/31/15 EACH OCCURRENCE $5,000,000 AGGREGATE $5.000.000 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP81018359 05/31114 05/31/15 X WC STATIT OTH- S E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional Liability AED6750020515 05/31/14 05/31/15 $2,060,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. Re: Sixth Street Improvements. The the City of Gilroy, its employees, officers, officials, and volunteers are named as Additional Insureds to General Liability per policy form wording. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6141 ACORD 25-S (7/97)1 of 1 #S972725/M970429 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X)XX) MAIL 30_DAYSWRITTEN NOTICE TO TH E CERTIFICATE HOLDER NAMED TO TH E LEFT, BKNfflXWKAXVMAKM= Il sx ARJIDCXNMMxoelP M( O ACORD CORPORATION 1988 Additional Insured - Owners, Lessees or Contractors AB 90 67 12 93 Policy Amendment Section II Insured Dokken Engineering Inc. Policy Number AZC80875810 Producer Dealey, Renton & Associates Effective Date 05131/14 Schedule Name of Person(s) or Organization(s) City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6141 Description of Operations Re: Sixth Street Improvements. NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S) CONT.: the City of Gilroy, its employees, officers, officials, and volunteers (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) The following is added to Part I - WHO IS AN IN- SURED in the Business Liability Section of this policy 5. The person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your work for that insured by or for you. All other terms and conditions of the policy apply. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund insurance Companies as named in the policy AB9067 12 -93 Contains copyrighted Material of Insurance ServicesOffice, Inc., 1984 V�A-1&_A� f President AZC80875810 ABC MultiCover - AB 91 89 08 07 This endorsement modifies insurance provided under the following: American Business Coverage Your policy is broadened and clarified as follows: 1. Non Employment Discrimination, Liability Unless Personal Injury or Advertising Injury is excluded from this policy: A. Section III - Definitions, Item 17. Personal Injury is amended to include: f. Discrimination B. Section III - Definitions, Item 2. Advertising Injury is amended to include: e. Discrimination C: Section III - Definitions is amended to in- clude: 30. Discrimination means the unlawful treat- ment of individuals based on race, color, ethnic origin, gender, religion, age, or sexual preference. D. Section II - Liability Coverage, Part H. Ex- clusions, Item Lp Personal Injury or Adver- tising Injuryis amended to include: (11) Arising out of discrimination directly or indirectly related to the past employ- ment, employment or prospective em- ployment of any person or class of persons by any insured; or (12) Arising out of discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging, or premises by or at the direction of any insured; or (13) Arising out of discrimination, if insurance thereof is prohibited by law; or (14) Fines, penalties, specific performance, or injunctions levied or imposed by a go- vernmental entity, or governmental code, law, or statute because of discrimination 2. Blanket Additional Insured Section II - Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f. Any person or organization that you are re- quired by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability aris- ing out of: (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s); or This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Secr tary AB9189 8-07 A f �5 coo President Page 1 of 6 (e) a state or political subdivision per- mit issued to you. (2) Coverage does not apply to any occur- rence or offense: (a) which took place before the exe- cution of, or subsequent to the completion or expiration of, the written insured contract, or assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agree- ment; b. Any express warranty unauthorized by you; If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organization. 3. Blanket Additional Insured for Vendors Unless the Products - Completed Operations Haz- ard is excluded from this policy, Section II - Li- ability Coverage, Part I. Who Is an Insured, Item 2. is amended to include: g. Any vendor but only with respect to Bodily Injury or Property Damage arising out of your products which are distributed or sold in the regular course of the vendor's business, sub- ject to the following additional exclusions: The insurance afforded the vendor does not apply to: a. Bodily Injury or Property Damage for which the vendor is obligated to pay damages by reason of the AB9189 8 -07 f. Demonstration, installation, servic- ing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. This insurance does not apply to any in- sured person or organization, from whom you have acquired such products, or any ingredient, part or. container, en- tering into, accompanying or containing such products. If an Additional Insured - Vendors endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organ- ization. Page 2 of 6 C. Any physical or chemical change in (b) which takes place after you cease to the product 'made intentionally by be a tenant in that premises. the vendor; (3) With respect to architects, engineers, or d. Repackaging, unless unpacked solely surveyors, coverage does not apply to s for the purpose of inspection, dem- Bodily Injury, Property Damage, Per- onstration, testing, or the substi- sonal Injury or Advertising Injury arising out of the rendering or the failure to tution of parts under instructions render any professional services by or for from the manufacturer, and then re- you including: packaged in the original container. (a) The preparing, approving, or failing e. Any failure to . make such in- to prepare or approve maps, draw- spections, adjustments, tests or ser- ings, opinions, reports, surveys, vicing as the vendor has agreed to change orders, designs or specifica- make or normally undertakes to tions; and make in the usual course of busi- ness, in connection with the distrib- (b) Supervisory, inspection, or engi- ution or sale of the products; neering services. If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organization. 3. Blanket Additional Insured for Vendors Unless the Products - Completed Operations Haz- ard is excluded from this policy, Section II - Li- ability Coverage, Part I. Who Is an Insured, Item 2. is amended to include: g. Any vendor but only with respect to Bodily Injury or Property Damage arising out of your products which are distributed or sold in the regular course of the vendor's business, sub- ject to the following additional exclusions: The insurance afforded the vendor does not apply to: a. Bodily Injury or Property Damage for which the vendor is obligated to pay damages by reason of the AB9189 8 -07 f. Demonstration, installation, servic- ing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. This insurance does not apply to any in- sured person or organization, from whom you have acquired such products, or any ingredient, part or. container, en- tering into, accompanying or containing such products. If an Additional Insured - Vendors endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organ- ization. Page 2 of 6 4. Blanket Waiver of Subrogation Section II - Liability Coverage, Part K Liability and Medical Payments General Conditions, is amended to include: 6. Transfer of Rights of Recovery Against Oth- ers to us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organ- ization. 5. Broadened Named Insured Section H Liability Coverage, Part I. Who Is An Insured, Item 4. is replaced with: 4. All of your subsidiaries, companies, corpo- rations, firms, or organizations, as now or hereafter constituted, qualify as Named In- sured under this policy if (a) you have the responsibility of placing in- surance for each such entity; and (b) coverage for the entity is not otherwise more specifically provided; and (c) the entity is incorporated or organized under the laws of the United States of America. But each entity is insured only while you own, during the policy period, a controlling interest in such entity of greater than 50% of the stock or assets. However: (a) Coverage under this provision is afforded only until the end of the policy period, or the 12 month anniversary of the policy inception date, whichever is earlier; (b) Coverage C does not apply to bodily in- jury or property damage that occurred AB9189 8 -07 before you acquired or formed the or- ganization; (c) Coverage C does not apply to personal injury or advertising injury arising out of an offense committed before you ac- quired or formed the organization. 6. Medical Payments Unless Coverage D. Medical Payments is excluded from this policy: A. Section II - Liability Coverage, Part H. Ex- clusions, Item 21 is replaced with: f. Included within the products - completed operations hazard. However, this exclu- sion does not apply to expenses for den- tal services. B. Section II - Liability Coverage, Part G. Cov- erage, Item 2., is amended to include: c. Coverage D. Medical Payments is pri- mary and not contributing with any other insurance, even if that other insur- ance is primary also. 7. Tenant's Legal Liability A. Section III - Liability Coverage, Part J. Li- ability and Medical Payments Limits of In- surance, Item 3. is replaced with: 3. The most we will pay under Coverage C - Liability for damages because of prop- erty damage to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner: a. arising out of any Covered Cause of Loss shall be the greater of- (1) $1,000,000; or (2) The Tenant's Legal Liability limit shown in the Declarations. 8. Chartered Aircraft Section II - Liability Coverage, Coverage C, Part H. Exclusions, Item l.g. is amended to include: (5) An aircraft in which you have no ownership interest and that you have chartered with crew. Page 3 of 6 9. Coverage Territory Broadened Section III - Definitions, Item 5.a, is replaced with: a. The United States of America (including its territories and possessions), Puerto Rico, Ca- nada, Bermuda, the Bahamas, the Cayman Islands and the British Virgin Islands. 10. Broadened Advertising Injury Unless Advertising Injury is excluded from this policy: A. Section III Definitions, Item 2. is replaced with: 2. Advertising Injury means injury arising out of one or more of the following of- fenses: a. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organiza- tion's goods, products or services; b. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; C. Misappropriation of advertising ideas or style of doing business; or d. Infringement of trademark, copy- right, title or slogan. B. Section II - Liability Coverage, Coverage C, Part H. Exclusions, Items Lp.(1) and (2) are replaced with: (1) Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period; 11. Broadened Personal Injury Unless Personal Injury is excluded from this pol- icy, Section III - Property, Liability and Medical AB9189 8 -07 Payments Definitions, Items 17.b., d. and e. are replaced with: b. Malicious prosecution or abuse of process; d. Oral, written, televised or videotaped publica- tion of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publica- tion of material that violates a person's right of privacy; 12. Broadened Personal or Advertising Injury Unless Personal Injury or Advertising Injury is excluded from this policy, Section II - Liability Coverage, Coverage C, Part H. Exclusions, Item Lp.(4) Exclusions is deleted in its entirety. 13. Fellow Employees Coverage Section II - Liability Coverage, Part I. Who Is an Insured, Item 2.a.(1) is amended as follows: (1) Personal Injury to you or to a co- employee while in the course of his or her employment, or the spouse, child, fetus, embryo, parent, brother, sister or any member of the house- hold of that employee or co- employee as a consequence of such Personal Injury, or for any obligation to share damages with or repay .someone else who must pay damages because of the injury; or 14. Mental Anguish Is Included in Bodily Injury Section III - Definitions, Item 4. is replaced with: 4. Bodily injury means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish which result at any time from such physical harm, physical sick - ness or physical disease. Mental anguish me- ans any type of mental or emotional illness or disease. 15. Unintentional Failure to Disclose Hazards Section II - Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: Page 4 of 6 6. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any ha- zards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. 16. Supplementary Payments, Increase Limits Section II - Liability Coverage, Part G. Coverage, Items 1.e. (2) and (4) are replaced with: (2) The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or suit including substantiated loss of earnings up to $500 a day because of time off work. 17. Per Location Aggregate A. Section II - Liability Coverage, Part J. Limits of Insurance, Item 4. is amended to include: The Aggregate Limit of Insurance applies se- parately to each location owned by you, rented to you, or occupied by you with the permission of the owner. B. Section III - Property, Liability and Medical Payments Definitions, is amended to include: 31. Location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of- way of railroad. 18. Amended Duties in the Event of an Occurrence, Offense Claim or Suit Section II - Liability Coverage, Part K. Liability and Medical Payments General Conditions, Items 2.a. and b. are replaced with: a. In the event of an occurrence, offense, claim, or suit, you must promptly notify us. Your duty to promptly notify us is effective when your executive officers, partners, members, or AB9189 8 -07 legal representatives are aware of the General Liability occurrence, offense, claim, or suit. Knowledge of an occurrence offense, claim, or suit by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the occurrence or offense took place; (2) The names, addresses, and telephone numbers of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the occurrence, of- fense, claim, or suit. 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance Item 2. is replaced with: 2. Coverage C Liability If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, mainte- nance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or or- ganization is excess and noncontributory with this insurance, or; b. Except for the circumstance described in 2.a., above, the insurance provided under this policy is excess over any other li- ability insurance available to any insured whether such other insurance is written as primary, excess, contingent or any other basis. An exception applies when any insured specifically has purchased excess insurance to apply in excess of the limits of insurance shown in the Decla- rations of this Coverage Part for Cover- age C. Page 5 of 6 20. Damage to Invitees' Automobiles from Falling Trees or Tree Limbs - Limited Coverage The policy applies to direct physical damage to automobiles owned by invitees subject to all of the following: 1. Provided such damage originates from prem- ises owned, managed, leased or rented by an insured; 2. Coverage applies only to invitees of an in- sured or an insured's tenant; 3. Such damage is directly caused by wind -driven falling trees or tree limbs; 4. The most we will pay for any one loss is the lesser of the actual cash value of the damaged automobile as of the time of the loss; or the cost of repairing or replacing the damaged automobile with another automobile of like A89189 8-07 kind and quality; subject to a limit of $25,000 in any one policy period; and 5. This coverage is not subject to the General Liability General Aggregate Limit. 21. Expected or Intended Injury - Amendment to Ex- clusion SECTION I. - 2. EXCLUSIONS a. Expected or Intended Injury, is replaced by the following: a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or prop- erty. All other terms and conditions of the policy apply. Page 6 of 6 r Dealey, Renton & Associates Insurance Brokers Date:3 /12/14 City of Gilroy Risk Management Department 7351 Rosanna Street Gilroy, CA 95020 Re: Dokken Engineering, Inc. Professional Liability Errors & Omissions Insurance Contract /Project Reference: All work done by the named insured for City of Gilroy To Whom It May Concern: MAIL PO Box 12675 Oakland CA 94604 -2675 OFFICE 530 Water Street 7`h Floor Oakland CA 94607 Tel 510 465.3090 Fax 510 452.2193 http://dealeyrenton.com Dokken Engineering, Inc. has entered into an agreement with the City of Gilroy dated 8/16/2004 which requires the firm maintain Professional Liability (Errors & Omissions) insurance with minimum limits of $1,000,000 per claim and $2,000,000 aggregate if written on a claims -made basis such insurance shall be maintained for the entire term of the Agreement and if available and affordable for a five (5) year period after completion of all service under this Agreement for the purposes of providing continuous claims - made coverage during such periods. Please accept this letter as confirmation that Dokken Engineering, Inc. maintains Professional Liability insurance written on a claims -made basis that meets the limits described above. The firm's 5/31/2013 to 5/31/2014 Professional Liability policy includes a retroactive date of 6/20/1986, and an optional extended reporting provision ( "tail coverage ") of up to three years in the event the policy is terminated . Sincerely, f J., a Senior Account Manager Dealey, Renton & Associates /srn Offices in Oakland CA Pasadena CA Santa Ana CA License #0020739 An ESOP Company