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HomeMy WebLinkAboutDuke's Root Control - 2018 Agreement - Amendment No. 1FIRST AMENDMENT TO AGREEMENT WITH DUKES ROOT CONTROL, INC. FOR SEWER LINE ROOT CONTROL SERVICE FOR THE CITY OF GILROY WHEREAS, the City of Gilroy, a municipal corporation ("City"), and Dukes Root Control, Inc., entered into that certain agreement entitled Agreement for Services effective on April 20, 2018 hereinafter referred to as "Original Agreement"; and WHEREAS, the City and Dukes Root Control, 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: Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows: "This Agreement will become effective on April 20, 2018 and will continue in effect through April 20, 2021, unless terminated in accordance with the provisions of Article 7 of this Agreement. Any laps in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein." 2. Article 4 (Compensation) of the Original Agreement shall be amended to read as follows: "In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONTRACTOR exceed $25,000 per year." Article 5, Section G shall be added to read as follows: G. Prevailing Wage The Contractor agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. The Contractor shall ensure that all subcontractors are informed and are required to pay prevailing wages in compliance with the California Labor Code and the regulations thereunder. It shall be the duty of the Contractor to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.sov. 4. This Amendment shall be effective on April 19, 2019. 5. 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. 6. 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. 4845-8215-55400 _ 1 MDOLINGER104706083 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CONTRACTOR: DUKES:70By: / [signature] BRADEN BOYKO [employee name] VICE PRESIDENT [title/department] Date: April 17th, 2019 Approved as to Form: City Attorney CITY: CITY OF GILROY By: [signature Gabriel A. Gonzalez [name] City Administrator [title] Date: Atte: u 4845-8215-55400 MDOLINGER104706083 -2- EXHIBIT "D" PAYMENT SCHEDULE Invoice will be paid upon completion of root foaming treatment of City of Gilroy sewer mains not to exceed $25,000. 4842-5942-6073v1 LAC104706083 i^` �7 ® I DATE (MM/DD/YYYY) A 111 OR" CERTIFICATE OF LIABILITY INSURANCE 3/14/2019 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 CONTACT NAME: Trisha Castillo Krauter & Company, LLC I PHONE FAX 1350 Avenue of the Americas (A/C. [e. Extl: 832-299-7684 (A/C. No): E. 18th Floor ADDRESS: tcastillo@krautergroup.com New York NY 10019 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Everest Indemnity Insurance Company 10851 INSURED FUMIHOL-01 INSURER B : Everest National Insurance Company 10120 Duke's Root Control, Inc. I INSURER C 1020 Hiawatha Blvd. West Syracuse, NY 13204 I INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1820201127 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDrCnY) A X COMMERCIAL GENERAL LIABILITY EF4ML06230-181 6/30/2018 6/30/2019 EACH OCCURRENCE $1 000 000 DAMAGE CLAIMS -MADE � OCCUR PREMISESS(RENTED PREMISESEa occurrence) $3 00,000 _ I MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT POLICY ❑ PRO ❑ LOC PRODUCTS - COMP/OPAGG $2,000,000 OTHER: Pollution Legal $1,000,000 A AUTOMOBILE LIABILITY EF4CA00289-181 6/30/2018 6/30/21119 COMBINED SINGLE LIMIT $ 1,000,000 B ANY AUTO EF4CA00308-181 10/19/2018 6/30/2019 (Ea accident) BODILY INJURY (Per person) $ OWNED X SCHEDULED BODILY INJURY AUTOS ONLY AUTOS (Per accident) $ X HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY rd (Per accident) $ A UMBRELLA LIAB X OCCUR EF4CU01284-181 6/30/2018 6/30/2019 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED I I RETENTION $ $ B WORKERS COMPENSATION EF4W000017-181 6/30/2018 6/30/2019 X I PER 1OTH- AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED7 ❑ N / A (Mandatoryin NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Pollution Legal EF4ML06230-181 6/30/2018 6/30/2019 Products Pollution 1,000,000 Contractors Pollution 1,000,000 Site Pollution 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is listed as Additional Insured on the General Liability, Pollution Liability, Automobile Liability and Excess Liability policies, as required by written contract, subject to policy terms, conditions and exclusions. Waiver of Subrogation is granted, as required by written contract, subject to policy terms, conditions and exclusions. Policies are primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Gilroy 7351 Rosanna Street Gilroy CA 95020 AUTHORIZED REPRESENTATIVE I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO ECA 24 503 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT'. (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 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 an "accident' or "loss", provided that you are required under a written agree- ment to waive your rights of recovery. The written agreement must be made prior to the date of the "accident' or "loss". This waiver applies only to the person or organization shown in the Schedule above. ECA 24 503 02 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSURED COPY CONTRACTOR'S POLLUTION LIABILITY ECG 20 532 0412 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy, CA 95020 Information required to complete this Schedule, if not shown above, will be shown n the Declarations. A. Section II - Who Is An Insured under the Contractor's Pollution Liability Coverage Part is amended to include as an insured the person(s) or organization(s) shown n the Schedule, only with respect to liability for "bodily injury" or "property damage" but only to the extent caused, n whole or n part, by. (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; n the performance of your operations for the additional insured. B. The insurance afforded to these additional insureds shall only include the insurance required by the terms of the written agreement and only to the extent that coverage is provided within the terms of this Coverage Part C. The Limits of Insurance afforded to these additional insureds shall be the lesser of the following: 1. The Limits of Insurance required by the written agreement between the parties; or 2- The Limits of Insurance provided by this Coverage Part. D. For the purposes of this endorsement, paragraph 4. Other Insurance under SECTION IV - CONDITIONS of the Contractor's Pollution Liability Coverage Part is replaced by the following: 4. Other Insurance The insurance afforded to these additional insureds is excess over any other insurance naming an insured whether such insurance is primary, excess, contingent or contributing. This insurance may not be used to satisfy any deductible or self -insured retention amounts an insured may owe as a result of this loss, damage or injury. ECG 20 532 0412 Copyright, Everest Reinsurance Company, 2012 Page 1 of 1 ❑ Includes copyrighted material of ISO Properties, Inc., with its permission. ECG 24 588 12 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR ONGOING AND/OR COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLES POLLUTION LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If other liability insurance similar to this insurance listing as a Named Insured a person or organization that is: a. An owner of real or personal property on which you are performing operations; or b. A contractor on whose behalf you are performing operations, and this policy names those persons or organizations as additional insureds for those operations, then this insur- ance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing and/or completed operations performed for that person or organization under a written contract which requires that this insurance be primary. However, this does not apply if the written contract was not executed prior to the date that your operations for that person or organization com- menced. ECG 24 588 12 15 Copyright Everest Reinsurance Company, 2015 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission. ECG 24 506 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Blanket where required by written contract. 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 that request is made prior to the date your operations for that person or organization commenced; 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 that request is made prior to the date your operations for that person or organization commenced. (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 - 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 n the Schedule above. ECG 24 506 06 15 Copyright, Everest Reinsurance Company, 2015 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission Policy No. EF4WC00017181 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 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 otherwise due on such remuneration. PERSON OR ORGANIZATION % of the California workers' compensation premium SCHEDULE ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. JOB DESCRIPTION -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. INSURED COPY CONTRACTOR'S POLLUTION LIABILITY ECG 20 532 0412 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION -ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy, CA 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured under the Contractor's Pollution Liability Coverage Part is amended to include as an insured the person(s) or organization(s) shown in the Schedule, only with respect to liability for "bodily injury" or "property damage" but only to the extent caused, in whole or in part, by. (1) Your acts or omissions; or (2) The acts or omissions of those acting cn your behalf, in the performance of your operations for the additional insured. B. The insurance afforded to these additional insureds shall only include the insurance required by the terms of the written agreement and only to the extent that coverage is provided within the terms of this Coverage Part. C. The Limits of Insurance afforded to these additional insureds shall be the lesser of the following: D. For the purposes of this endorsement, paragraph 4. Other Insurance under SECTION IV - CONDITIONS of the Contractor's Pollution Liability Coverage Part is replaced by the following: 4. Other Insurance The insurance afforded to these additional insureds is excess over any other insurance naming an insured whether such insurance is primary, excess, contingent or contributing. This insurance may not be used to satisfy any deductible or self -insured retention amounts an insured may owe as a result of this loss, damage or injury. 1. The Limits of Insurance required by the written agreement between the parties; or 2 The Limits of Insurance provided by this Coverage Part. ECG 20 532 0412 Copyright, Everest Reinsurance Company, 2012 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 ❑ ECG 24 588 12 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY ONGOING AND/OR COMPLETED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLES POLLUTION LIABILITY COVERAGE PART PROVISION - YOUR OPERATIONS Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If other liability insurance similar to this insurance listing as a Named Insured a person or organization that is: a. An owner of real or personal property on which you are performing operations; or L A contractor on whose behalf you are performing operations, and this policy names those persons or organizations as additional insureds for those operations, then this insur- ance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing and/or completed operations performed for that person or organization under a written contract which requires that this insurance be primary. However, this does not apply if the written contract was not executed prior to the date that your operations for that person or organization com- menced. ECG 24 588 12 15 Copyright Everest Reinsurance Company, 2015 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission. ECG 24 506 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Blanket where required by written contract. 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 that request is made prior to the date your operations for that person or organization commenced; 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 that request is made prior to the date your operations for that person or organization commenced. (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 - 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. ECG 24 506 06 15 Copyright, Everest Reinsurance Company, 2015 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., with its permission Policy No. EF4WC00017181 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 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 otherwise due on such remuneration. PERSON OR ORGANIZATION % of the California workers' compensation premium SCHEDULE ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. JOB DESCRIPTION -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. INSURED COPY