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HomeMy WebLinkAboutEnergy Systems - 2012 Agreement - Amendment No. 1a FIRST AMENDMENT TO ENERGY SYSTEMS WHEREAS, the City of Gilroy, a municipal corporation ( "City"), and Energy Systems entered into that certain agreement entitled Energy Systems, effective on May 30, 2012, hereinafter referred to as "Original Agreement "; and WHEREAS, City and Energy Systems 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 first paragraph of the Original Agreement shall be amended to read as follows: This Agreement shall become effective on May 30, 2015 and will continue in effect through May 30, 2017 unless this agreement has been terminated in accordance with the provisions of Article 7 of this agreement. 2. This Amendment shall be effective on May 30, 2015. 3. 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. 4. 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 By: wazd Tewes [anployee name] Interim City Administrator [title/departrncnt] Date: /i - 2 -f - I'> Approved as to Form 4845. 821565400 MOOLINGER104706083 -I- Energy Systems !11 [signature] [name] PLArtn 60 M.4(#tT5g*tcr 11cc�acc. -i7— /dw [title] Date: ATTEST: ity Attorney 4845 -8215- 5540v1 MDOLINGER104706083 Prepared for: City of Gilroy Gilroy, CA ENERGY SYSTEMS March 18, 2015 Well Backup Generators Site: Manufacturer: Model: Serial: kW: Annual w/ 1 hr Load Test Wells 2 Synergy International Cummins Synergy International Katoli ht Synergy International Synergy International Cummins Kohler Kohler Kohler Spectrum Olympian Kohler 431 RSL4005 350.ODFEG/5862808 125 -CB D200FRJ4 175 -CB 175 -CB 50ODFEK 125RO2571 50REOZJ71 125RO2571 135DSEJ D10OP2 150REOZJB LM- 243425 -0703 F070067380 00- 210136 -2 65143LM236218 00- 210135 -02 00- 210135 -01 K090066022 264078 264106 264189 718708 F1850H -001 2000409 126 350 125 200 175 175 500 125 55 55 135 100 160 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 $565.00 Well 3-02 Well Well 5-02 Well Well 7 Well 8 Booster 1 Booster 2 Booster 3 Booster 4 Booster 5 Booster 6 Labor Rates / Hours Regular Hours: M -F 8:00a.m.- 4:30p.m. Overtime Hours: M -F 4:31p.m.- 12:00a.m. Sat 8:00a.m.- 12:00a.m. Doubletime Hours: 7 Days 12:01a.m.- 7:59a.m. Sundays & Holidays Annual: $7,345.00 2 Year Total: $14,690.00 $125.00 / hr $187.50 / hr $250.00 / hr Department of Industrial Relations# 1000007326 Mileage Rate: $2.00 / mile E S WEST COAST, LLC - P.O. BOX 31420 STOCKTON, CA 95213 - Lic# 981390 ACA: >REN CERTIFICATE OF LIABILITY INSURANCE 1 `.� DATE(MM/DD/Y15 10/30/2015 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 Daly Merritt Insurance 100 Maple Wyandotte MI 48192 COMA Cathy 3tanns-REP PHONE (734)283 -1400 FAX (734)263 -1197 MAIL Cathy.Stannis @dalymerritt.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER Alibert Mutual Fire Ins. 23035 INSURED .ES West Coast, LLC, DBA: Energy Systems 7100 S. Longe Suite 300 Stockton CA 95206 INSURER B -Libel Insurance Corporation 42404 INSURER C -Liberty Surplus Insurance Corp. 10725 INSURER D: INSURERE: $ 1,000,000 INSURER F: $ 100,000 COVERAGES CERTIFICATE NUMBERCL15102910216 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. INSR LTR TYPE OF INSURANCE ADDLSUSR POLICY NUMBER POLICY EFF POLICY EXP MM D LIMBS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 DAMAGE TO RENTED $ 100,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE a OCCUR 2 -Z91- 462537 -035 1/1/2015 /15/2016 MEDEXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,_000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 $ POLICY X PRO- LOG AUTOMOBILE LIABILITY COMBINED SINGLE L IT 11000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 2 -Z91- 462537 -025 /15/2015 /15/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acc dent $ NON OWNED HIRED AUTOS AUTOS $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ 10,00 $ 87 -291- 462537 -055 1/1/2015 /15/2016 A WORKERS COMPENSATION X 'i WC STATU- OTH- I IMITS ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? �. (Mandatory In NH) NIA -Z91- 462537 /18/2015 /15/2016 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under, DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 C Contractors Pollution E105010115 1/1/2015 /15/2016 Per Occurrence 5,000,000 Covers ES West Coast only Aggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I,VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The certificate- holder, its officers and employees are listed as additional insured with respects to the General Liability as required by written contract. CERTIFICATE HOLDER City of Gilroy 613 old Gilroy St. Gilroy, CA 95020 ACORD 25 (2010105) INS025 mmnnsi m 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 O'Malley /STANNI ©1988 -2010 ACORD CORPORATION. All rights reserved. Thn arnRn nmmgb and Innn ara ranictaraA marire of arnun Additional Named Insureds jEnergy Systems JES Power Systems LLC IThe Shane Group LLC American Copper & Brass LLC Biological Mediation Systems LLC Curtis Marketing LLC jHeeney Company LLC Hillsdale Proeprties LLC lQualite Sports Lighting LLC Shane Group Capital LLC Shane Group Transportation LLC OFAPPINF (02/2007) Policy Number TB2- Z91- 462537 -034 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Change Endorsement Named Insured Endorsement number The Shane Group, LLC 006 The following changes are effective as of the effective dates shown below and will terminate with the policy. All other provisions of the policy remain unchanged. Change Description Effective Date 05/27/2015 General Additional Insured Owners, Lessees or Contractors - Liability Scheduled Person or Organization Endorsement, Fort CG 2010 0413 is added to Inventory Coverage Forms/Parts, Endorsements, Enclosures, Form IC 00 42 07 09, and this policy. In addition, the following forms have been added to the policy. Form Number/Edition Date Title IC 99 9907 09 Change Endorsement LCS 00 03 05 12 DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES CG 20 10 04 13 Additional Insured — Owners, Lessees or Contractors- Scheduled Person or OrgatLization Issued: 05282015 IC 99 99 07 09 0 2008, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 POLICY NUMBER: TB2 -Z91 -462537 -034 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 0 anization s Locations Of Covered Operations City of Gilroy, its officers and employees 613 Old Gilroy Street Gilroy, CA 95020 Information required to complete this Schedule if not shown above, will be shown in the Declarations. A Section 11 — 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 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2. 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required * by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All .:work, including materials, parts or equipment furnished . in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional' insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury ,or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 C ISO Properties, Inc.,. 2.012 Page 1 of 2 ❑ C. With respect to the insurance afforded to'these additional insureds, the. following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits Insurance shown in the Declarations; whichever is less. This endorsement . shall not increase applicable Limits of Insurance shown in Declarations. Of the the Page 2 of 2 © ISO Properties, Inc., 2012 CG 20 1,0 04.13 DECLARATIONS EXTENSION SCHEDULE PdSCELLANEOUS CHARGES Policy Number TB2- Z91- 462537 -034 Form Issue Date 0512812015 Premium Basis Rates Charges Employee Benefits System Rated 668 Additional Insureds - Owners, Included 0 Lessees or Contractors - Sched.Pers/Org. 613 Old Gilroy Street, Gilroy Additional Insureds - Owners, Included 0 Lessees or Contractors - Sched.Pers/Org. All locations as required by Additional Insureds -Owners, Flat Charge 500 Lessees or Contractors - Sched. Pers/Org. Additional Insureds -Owners, Included 0 Lessees or Contractors - Completed Ops All locations as required by a Additional Insureds - Owners, Flat Charge 1,000 Lessees or Contractors - Completed Ops Commercial General Liability For Flat Charge 6,604 Wholesalers Damage to Premise Rented to You Flat Charge 250 Excess Limits TOTAL MSCELLANEOUS CHARGES 9,022 LCS 00 03 0512 Q 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.