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HomeMy WebLinkAboutDavid J. Powers - 2015 Agreement - Amendment No. 1FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND DAVID J. POWERS & ASSOCIATES, INC. FOR ON CALL ENVIRONMENTAL REVIEW SERVICES WHEREAS, the City of Gilroy, a municipal corporation ("City"), and David J. Powers & Associates, Inc. entered into that certain agreement entitled "Agreement for Services", effective on November 6, 2015 hereinafter referred to as "Original Agreement"; and WHEREAS, City and David J. Powers & Associates, Inc. have detennined it is in their mutual interest to amend certain teens of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: Article 1. Tenn of Agreement of the Original Agreement shall be amended to read as follows: This Agreement will be extended on 11/6/2018 and will continue in effect through 11/6/2019 with an additional, one-year extension possible through a contract amendment, unless terminated in accordance with the provisions of Article 7 of the original Agreement. 2. This Amendment shall be effective on 11/06/2018 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 OFF GIILROY By: / [signatu aabr=,tl n, (/� [employee name] U Mv- 1i Y 11 x-n o [title/department] Date W4S� 4845-8215-55400 - ] - MDOLINGER104706083 David J. Powers & Associates, Inc. By: [si ture] u [name] [title] Date: Approved as to Form City AttT,,V 4845-8215-5540v1 _2_ MDOLINGER104706083 Vl- ® I DATE (MM/DD/YYYY) O CERTIFICATE OF LIABILITY INSURANCE 11/01/2018 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 have ADDITIONAL INSURED provisions or 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 I CONTACT Cora Lim NAME: SelectSolutions Insurance Services PHONE (866) 500-6359 I FAX (925) 951-0077 (A/C No. 1107 Investment Blvd E-MAIL Extl: (A/C, No): coral@selectsolutionsins.com ADDRESS: Suite 100 I INSURER(S) AFFORDING COVERAGE NAIC # El Dorado Hills CA 95762 INSURER A : Travelers Property Casualty Company of America 25674 INSURED INSURER B : The Travelers Indemnity Company of Connecticut 25682 David J. Powers & Associates, Inc. I INSURER C : The Hanover American Insurance Company 36064 1871 The Alameda, Suite 200 I INSURER D : Continental Casualty Company 20443 INSURER E : San Jose CA 95126 I INSURER F : COVERAGES CERTIFICATE NUMBER: CL183826876 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 MAYBE 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 AUUL SUBK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD VIVID POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) I LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX_1 OCCUR A Y Y 6805H0002841 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY FX PRO ❑ LOC JECT OTHER: AUTOMOBILE LIABILITY X ANYAUTO B OWNED SCHEDULED BA682OL1531 AUTOS ONLY AUTOS X HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB OCCUR A EXCESSLIIAB CLAIMS -MADE M CUP2C5902111 DED I XI RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N C ANY PROPRIETOR/PARTNER/EXECUTIVE Y WZ39816300 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PROFESSIONAL LIABILITY D EEH288347490 12/03/2017 12/03/2018 12/03/2017 12/03/2018 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL&ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG Employee Benefits COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) Uninsured motorist BI EACH OCCURRENCE 12/03/2017 12/03/2018 I AGGREGATE $ 2,000,000 $ 1,000,000 $ 10,000 $ 2,000,000 $ 4,000,000 $ 4,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 I XI PER STATUTE I I EERH E.L. EACH ACCIDENT $ 1,000,000 01/13/2018 01/13/2019 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 03/26/2018 03/26/2019 PER CLAIM $2,000,000 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: DJP&A Job # 15-190 City of Gilroy - On -Call Environmental Reviews Agreement. As Per Contract or Agreement on File with the Insured. City of Gilroy, its officers, officials, and employees are named as additional insured (primary/non-contributory) on General Liability policy if required by written contract per attached endorsement. Waiver of subrogation applies to General Liability and Workers Compensation policies if required by written contract perthe attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Alex Halcon 7351 Rosanna St. AUTHORIZED REPRESENTATIVE Gilroy CA 95020 I v� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY PLUMBER 680-5Ho00284-17-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, 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 signed that "written contract requiring insurance". But this insurance provided to the additional insured 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 that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 Of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization 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 signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Hanover Insurance Group_ WZ39816300 5701628 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 2% % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE REQUIRED PER WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. wz 3 - 98163 0 0 - 04 Endorsement No. Insured Premium $ Insurance Company THE HANOVER AMERICAN INSURANCE COMPANY Countersigned By WC 04 03 06 (Ed. 04-84)