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HomeMy WebLinkAboutRobinson & Moretti - 2012 Agreement - Amendment No. 1FIRST AMENDMENT TO ROBINSON AND MORETTI WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Robinson and Moretti entered into that certain agreement entitled Robinson and Moretti, effective on 12/5/2012, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Robinson and Moretti 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 shall be amended to read as follows: This Agreement will become effective on 12/5/2012 and will continue in effect through 12/5/2015. The City, in its sole discretion, may exercise a two year extension, beginning on 12/5/2015 if and only if City provides written notice of its decision to extend the contract. The written notice shall be provided not less than thirty (30) days nor no more than one year and six months prior to December 5, 2015. This contract may be terminated in accordance with the provisions of Article 7 of this Agreement. 2. Exhibit `B" Scope of Services of the Original Agreement shall be amended to read as follows: Install emergency backup Zone 2 connection to Gilroy Gardens. 3. Exhibit "D" payment schedule of the Original Agreement shall be amended to read as follows: Total fiscal year amount not to exceed the amount budgeted for that particular fiscal year for maintenance and repairs or CIB. The Emergency Zone 2 Connection to Gilroy Gardens shall not exceed the budgeted amount of $39,000. Each payment to be invoiced and paid upon completion of specific job, thru the end of each fiscal year. 3. This Amendment shall be effective on 9/8/2014 to 12/5/2017. 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 LQrth besides their signatures below. LIN Thomas J. Haglund [employee name] City Administrator [title/department] 4845 - 8215 -55400 MDOLINGER104706083 _ 1 _ Robinson and Moretti j?l .I C66am Date: Iz-11 Approved as to Form ity Attorney Date: O�q4 �� 4845 - 8215- 5540v1 _ MDOLINGER104706083 _2 ACOR ®® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 9/2s/2014 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 policy(ies) 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 certificate holder in lieu of such endorsement (s). PRODUCER Names G Parker Insurance Associates License #0554959 P O Box 3947 Fresno CA 93650 CONTACT Kathleen Bisko PHONE (559)241 -7776 FAX (559)241 -7976 AIC ppgE .kathleenbisko @jgparker.com INSURE S AFFORDING COVERAGE NAIC 0 INSURERAEverest Indemnity Insurance Co 10851 INSURED Robinson ii Moretti Inc R & M Transport Inc 7780 Holsclaw Rd Gilroy.. __ _- . CA 95020 INSURERS Wesco Insurance Company 5011 INSURER CNavi ators Insurance Company 2307 INSURER D: INSURER E: $ 1,000,000 INSURER F : $ 100,000 ffefeP 1:3:I'Tel O. silolldfei \��2111!il.i�:RK�C �H+�- 1:�s�isrLr- c7=kY /L-irel", $", III, 1:1 =1 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD B POLICY NUMBER POLICY EFF IMMIDID/YYYY) POLICY EXP (MMIDDIYYYY1 LIMA GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ED R I $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_� OCCUR X Y rF4NL05143131 2/9/2013 2/9/2014 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 :GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY X PRO- LOC -$ AUTOMOBILELIAsILITY OMBINEeD SINGLE LIMIT 11000,000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS WPA103293700 2/9/2013 2/9/2014 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PRO PERTYDAMAGE Per accident $ Uninsured motorist combined $ 11000,000 X UMBRELLA uAB I X OCCUR EACH OCCURRENCE $ 3 , 000, 000 AGGREGATE $ 3,000,000 C EXCESS LIAB CLAIMS -MADE DED RETENTION $ E14EXC798500IV 2/9/2013 2/9/2014 WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA Q E.L. EACH ACCIDENT $ E.L. DISEASE'- EA EMPLOY $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ • Rented /Leased Equipment RPA103293700 2/9/2013 2/9/2014 $1;000 deductible $200,000 • Contractors Equipment A103293700 2/9/2013 2/9/2014 $1;000 deductible Per Schedule DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach Ad-Oki) im, Additional Remarks Schedule, if more space is required) Job: Galloway Court/ Gilroy Gardens Gilroy CA Certificate holder is named as Additional Insured as per form CG2010 0704, CG2037 0704 and CG2404 1093 attached City of Gilroy 7351 Rosanna St Gilroy, CA 95020 ACORD 25 (2010/051 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED Parker III /KATBIS '&�> n OCORn r-nRPARATIrIN All rinhtc racaruarl INR(125 r >ninn5i ni Tha Annon names =nA inn^ ara ran)ctarari mmArc ^f Anripin A� °® CERTIFICATE OF LIABILITY INSURANCE 9,25, off") 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 in ADDITIONAL INSURED, the policy(has) must tie 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 certificate holder in lieu of such endorsement(s). PRODUCER James G Parker Insurance Associates License #0554.959 P O BOX 3947 Fresno CA 93650 CONTACT Kathleen Bisko PHONE (559)241 -7776 Fax (559)241 -7976 Nok WC _. E-MAIL .kathleenbsko @jgparker.com INSURERS AFFORDING COVERAGE NAIC 8 INSURERA:State Compensation =ns Fund 35076 INSURED Robinson & Moretti Inc R & M Transport Inc. 7780 Holsclaw Rd Gilroy CA 95020 INSURER B : INSURERC: EACH.00CURRENCE INSURER D: DAMAGE occurrence) INSURER E: MED EXP (An one person) INSURER F: PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER:14 -15 WC 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF POLICY Yr LIMITS GENERAL LIABILITY HCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR EACH.00CURRENCE $ DAMAGE occurrence) $ MED EXP (An one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS (CEO, criMBI ED d M SIN I I a BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per..QI $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EAAPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 05160814 /1/2014 /1/2015 X WC STATU- OTH- ll E.L. EACH ACCIDENT $ 1'0 0 000 E.L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1o1, Additional Remarks Schedule, H more space is required) Job: Galloway Court/ Gilroy Gardens Gilroy CA City of Gilroy 7351 Rosanna St Gilroy, CA 95020 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Parker III /KATBIS 4/` '� '�* n 1988 -2010 ACIDRI] CCRPARATIAN All rinh4c racarvaei INR025 nn+nnsi m Tho Arnon nmma anri Inn^ sm raniatarari m2r4e ^f Arrion POLICY NUMBER: EF4ML05143 -131 COMMERCIAL GENERAL UABILITY CG 20 10 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 Or anlzatlon s : Locations Of Covered Operations The City of Gilroy, Its officers and employees Galloway Court/Gilroy Gardens Gilroy CA Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — 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) desig- nated above. CG 2010 07 04 B. With respect to the Insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily Injury' or "property damage" occurring after: 1. All work, Including materials, parts or equip- ment 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 arises has been put to Its In- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 0 Policy #EF4ML05143131 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LVITIJ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the 'products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 2404 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1