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HomeMy WebLinkAbout4.9 - 1279 HT Harvey Amendment 1 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 10, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to Agreement with Triple HS, Inc. dba HT Harvey & Associates for the Dougherty Road Improvements, Project No. ST0911 Prepared by: Michael Boitnott, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approval of an amendment to the agreement with Triple HS, Inc. dba HT Harvey & Associates to provide additional wildl ife monitoring in conformance with the various regulatory permits required for the Dougherty Road Improvements (CIP No. ST0911). STAFF RECOMMENDATION: Adopt the Resolution Approving Amendment No. 1 to the Agreement with Triple HS, Inc. dba HT Harvey & Associates to Provide Consulting Services for the Dougherty Road Improvements, Project No. ST0911. FINANCIAL IMPACT: The existing agreement with Triple HS, Inc. dba HT Harvey & Associates is set at a not - to-exceed amount of $44,699. The proposed amendment would increase the agreement by $50,000 for a total not-to-exceed amount of $94,699. Sufficient funds are available in the budget for the Dougherty Road Improvement Project (CIP No. ST0911). DESCRIPTION: On August 2, 2016, the City of Dublin entered into an Agreement with Triple HS, Inc. dba HT Harvey & Associates to perform biological resources mitigation monitoring for the Dougherty Road Improvements (CIP No. ST0911). The project is currently under way to widen Dougherty Road from four lanes to six lanes between Sierra Lane and the Northern City limits. The original agreement included a scope that relied on limited information on how the project contractor would perform work, but provided enough hours to get monitoring and compliance reporting in line with the start of that work. The project is located in a potential habitat area where some environmentally sensitive or protected species might be encountered. The City obtained permits from the U.S. Page 2 of 2 Fish and Wildlife Services and the California Department of Fish and Wildlife to cover construction activities. These permits require that an approved biologist observe the initial ground disturbing activities and provide periodic observation of the work to ensure that the project is complying with the permit requirements. Since that time, Staff has a better understanding of how the contractor is performing the work which has allowed the HT Harvey & Associates to refine their monitoring and compliance reporting hours. Based on this refined information, it is anticipated that the Agreement will need to be amended, for a new not -to-exceed amount of $94,699. The amendment will allow for additional contract hours for biological monitoring and for preparing reports in compliance with the regulatory agency permits. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copy of the Staff Report was sent to HT Harvey & Associates. ATTACHMENTS: 1. Resolution Approving Amendment No. 1 to the Agreement with Triple HS, Inc. dba HT Harvey & Associates 2. Exhibit A to the Resolution - Amendment No. 1 to Agreement 3. Consulting Services Agreement with Triple HS, Inc. dba HT Harvey & Associates RESOLUTION NO. - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIPLE HS, INC. dba HT HARVEY & ASSOCIATES, TO PROVIDE CONSULTING SERVICES FOR THE DOUGHERTY ROAD IMPROVEMENTS – CIP NO. ST0911 WHEREAS, on August 2, 2016, the City of Dublin entered into an Agreement with Triple HS, Inc. to perform wildlife monitoring and reporting for the Dougherty Road Improvement project under CIP No. ST0911; and WHEREAS, the City desires to amend Triple HS’ existing Agreement to complete the above mentioned tasks; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Amendment No.1 to the Agreement with Triple HS, Inc. BE IT FURTHER RESOLVED that the City Manager is authorized to execute Amendment No. 1 to the Agreement, attached hereto as Exhibit “A.” PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk Amendment #1 To Consultant Services Agreement between City of Dublin and Triple HS, Inc. dba HT Harvey & Associates EXHIBIT A AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRIPLE HS, INC. dba HT HARVEY & ASSOCIATES FOR THE DOUGHERTY ROAD IMPROVEMENTS – CIP NO. ST0911 WHEREAS, on August 2, 2016, the City of Dublin (hereinafter referred to as "CITY") and Triple HS INC. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement to perform wildlife monitoring and reporting for the Dougherty Road Improvements project (hereinafter referred to as the “AGREEMENT”) for a not-to-exceed amount of $44,699.00; and WHEREAS, on January 10, 2017 the CITY and CONSULTANT now wish to amend the Agreement to provide additional wildlife monitoring and reporting services for the project, and the not-to-exceed contract amount is proposed to be increased by an additional $50,000; NOW THEREFORE, the parties hereto agree as follows: Not-To-Exceed The total cost for the time-and-materials work under this amendment shall not exceed an additional $50,000.00 based on the attached cost breakdown shown on Attachment B-1. Amendment #1 To Consultant Services Agreement between City of Dublin and Triple HS, Inc. dba HT Harvey & Associates IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk CONSULTANT Triple HS, Inc. dba HT Harvey & Associates Dated: By: _____________________________ Ronald R Duke, President Amendment #1 To Consultant Services Agreement between City of Dublin and Triple HS, Inc. dba HT Harvey & Associates Attachment B-1 Fee for Amendment No.1 to the Agreement between City of Dublin and Triple HS Inc. dba HT Harvey & Associates CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRIPLE HS, INC. dba HT HARVEY & ASSOCIATES This Agreement is made and entered into between the City of Dublin ( "City ") and Triple HS, Inc. dba H.T. Harvey & Associates ( "Consultant ") as of August 2, 2016 (the "Effective Date "). In consideration of their mutual covenants, the parties hereto agree as follows; Section 1. SERVICES, Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 30, 2017, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8, The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8, 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder, Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Forty -four Thousand, Six Hundred and Ninety -nine dollars ($44,699.00) for services outlined in Exhibit A in accordance with the hourly rate schedule attached hereto as Exhibit B. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein, The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person, Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 1 of 12 hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his /her designee. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A copy of the applicable time entries or time sheets shall be submitted showing the following: • Daily logs of total hours worked by each individual performing work under this Contract • Hours must be logged in increments of tenths of an hour or quarter hours • If this Contract covers multiple projects, all hours must also be logged by project assignment • A brief description of the work, and each reimbursable expense A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant, 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed ($1,448.00). Expenses not listed below are not chargeable to City. Reimbursable expenses are Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 2 of 12 included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein, City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City, In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant's policy shall be "primary and non - contributory" and will not seek contribution from City's insurance or self - insurance and shall be at least as broad as CG 20 0104 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse. Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 3 of 12 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City, Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement, If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ( "any auto "). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 4 of 12 The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. G. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self- insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims - made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 5 of 12 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements, Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub - subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self- Insured Retentions. All self- insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self- insured retention provision and /or deductibles shall provide or be endorsed to provide that the SIR and /or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance, Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self- insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 6 of 12 required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 13; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits, Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 7 of 12 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 8 of 12 and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 11. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following; 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 9 of 12 not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 10 of 12 "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http: / /www.fppc.ca.gov /Form700.htmi. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ( "Contract Administrator "), All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: HT Harvey & Associates Ronald R Duke, President 983 University Avenue Building D Los Gatos, CA 95032 Any written notice to City shall be sent to: The City of Dublin Attn: Gary Huisingh 100 Civic Plaza Dublin, CA 94568 10.12 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 11 of 12 IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the Z day of August, 2016. CITY OF DUBLIN / hi-i topher L. Foss, Ci Mana r Attest: Caroline Soto, City Clerk Approved as to Form: Job akker, City ttorney CONSULTANT Tri le HS, Inc. drrb��a HT Harvey & Associates 4i,. ' Y—q Ronald R Duke, President 94- 2204955 Taxpayer Identification Number C0671935 Corporate Entity Number Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates Page 12 of 12 EXHIBIT A SCOPE OF SERVICES H. T. Harvey & Associates will provide the City of Dublin with biological resources mitigation monitoring for the Dougherty Road Improvements Project. It is our understanding that the project provides for the widening of Dougherty Road from 4 lanes to 6 lanes between Sierra Lane and the Northern City limits. The work includes the installation of a new class II bike lanes; 1.4 miles of Bike /Pedestrian pathway; landscaped median islands; storm drainage improvements; new curb, gutter, sidewalk, bus stops, bioretention areas and landscaping along the easterly side of the existing roadway. A rubberized asphalt overlay and new pavement markings the entire width of the roadway from Dublin Blvd. to the Northern City Limits, curb ramp replacements to comply with the new Americans with Disabilities Act (ADA) and traffic signal modifications to 5 intersections. As required by the U.S. Fish and Wildlife Service ( USFWS) Biological Opinion () and the California Department of Fish and Wildlife (CDFW) Incidental Take Permit () for the Dougherty Road Improvement Project, H. T. Harvey & Associates will provide a USFWS and CDFW approved biologist to monitor all initial grounddisturbing activities that occur within suitable California red - legged frog frogs (Rana draytonii), California tiger salamander (Ambystoma californiense), or San Joaquin kit fox habitat (Vulpes macrotis mutica). The qualified biologist will conduct daily inspections of the wildlife exclusion barrier and will survey for California red - legged and California tiger salamanders, as well as any other special- status species during all initial ground- disturbing activities, As required by the Project permits, we will prepare a monthly report summarizing the monitoring activities that occurred, all observations of special- status species, and any avoidance measures that were implemented. For the purpose of estimating the cost of this task, we have assumed that a monitor will be required for a maximum of thirty (30) eight -hour work days. Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates — Exhibit A Page 1 of 1 EXHIBIT B *61MU-70MOGUMMUN IM Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates --Exhibit Q Page 1 of 2 eiionnel HOUT5 bY i JA Took HTH Cost by Taik Tdd Fm4ect C', st 3 223 _Z4 $ '44 $ �,3 47, 4? 1 "126 4�72 I'z-k 2, MontP� -e�;�,t 4 . ws 22 527 2 2 4J5 Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates --Exhibit Q Page 1 of 2 Professional Fees Personnel Classific-ation Hotuh- Billing Rate Ptincily.11 2-11 — -'53 Fc-olozzt 199 Aszociate Ecoloept 134 ell1of ECOIDgiSt 2 316, sefl.:Or Eccdovst 1 $151 Ecologist 2 S 134 Ezologist 1 $119 Field Biolc, st 2 $103 Field Biologist L b 36 den ax GIs $123 GIS Anah-st 108 Technical EdItox $103 �kdmimstrati—e S�ippcsi:t $82 Cleiical,Snpport 3 677 Deposition and T ettcmoqr T"vo times 'Standald rate Subcontracmad Consultants Cost pins I T'a Direct Expenses Coat pIns 10 lfans?ortavon Crurent IRS Federal Stanaud1UP-age Rare Tiarel ! Cost pins ICVI;',*,, 7 1 r.-5g ,v P210 Field Eqnpinent Operation VIIUIable Consulting Services Agreement between August 2, 2016 City of Dublin and HT Harvey & Associates --Exhibit 6 Page 2 of 2 A� 1)` CERTIFICATE OF LIABILITY INSURANCE $! -ATE(M /DDmnY) 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 Integra Insurance Services, Inc. 14107 Winchester Blvd., Suite V Los Gatos CA 95032 CNAAMME: Joan Fabricius- Lyons, CISR PHONE 408- 335 -1203 Fix 408- 354 -3454 A c No E -MAIL .jlyons @integra - insurance.com INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE INSURERA:Travelers Property Casualty Cc of 25674 DAMAGE TO RENTED PREMISES Ea occurrence INSURED HTHAR -1 INSURER B: Landmark American Ins Cc 33138 H T Harvey & Associates Triple H S, Inc. 983 University Ave., Bldg D INSURER c: TRAVELERS IND CO OF CT 25682 INSURER D: INSURER E: Los Gatos CA 95032 INSURER F: COVERAGES CERTIFICATE NUMBER: 632295808 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 INSD WVD POLICY NUMBER POLICY EFF POLICY E X P MM /DD/YYYY MMlDD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y CLAIMS -MADE T OCCUR 16804D883508 9/1/2015 9/1/2016 EACH OCCURRENCE 152,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $300,000 X MED EXP (Any one person) $5,000 Contractual Liab PERSONAL &ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY F7 PET LOC PRODUCTS - COMP /OP AGG $4,000,000 OTHER: Employee Benefits $Included C AUTOMOBILE LIABILITY Y BA4D88650A 9/1/2015 9/1/2016 0accident SINULIE I $1,000,000 X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ X NON-OWNED HIRED AUTOS X AUTOS ! I PROPERTY DAMAGE accident $ $ A I X UMBRELLA LAB X OCCUR CUP9E188103 9/1/2D15 9/1/2016 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS -MADE: AGGREGATE $8,000,000 DED RETENTION $ $ A iWORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y / N CFFICERJMEMBER EXCLUDED? NIA XJUB- 4139T49 -3 -15 9/1/2015 9/1/2016 PER X STATUTE OERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $'�,000,OD0 DESCRIPTION OF OPERATIONS below B Prof Liab- E &O E &O (Claims Made) Retro Date 9/1/1995 LHR824650 9/1/2015 9/1/2016 Occ /Agg 5,CDD,000 Deductible 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City and its officers, employees, agents, and volunteers shall be covered as additional insureds are added as additional insured for work done by the named insured on Project: 3918 -01 Dougherty Road Improvements Biological Monitoring. General Liability Insurance policy automatically extends blanket additional insured when requested by written contract. Insurance is primary and non- contributory per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Dublin, Public Works Department 100 Civic Plaza Dublin CA 94568 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Triple H.S., dba HT Harvey & Associates Term: September 1, 2015 to September 1, 2016 Policy #SA4D88650A - The Travelers Indemnity Co. of Connecticut CA T4 20 07 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: $USINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement, The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT I. WAIVER. OF DEDUCTIBLE - GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION tI - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section ll. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION If - LIABILITY COVERAGE.: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". C. EMPLOYEES AS INSURED The following is added to Paragraph A.I., Who Is An Insured, of SECTION 11- LIABILITY COVERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you dcn't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION If - LIABILITY COVERAGE: (2) Up to $3,000 for cost of ball bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION If - LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. E. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph CA. of SECTION I - COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Coverage Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or borrowed with a driver; or (b) Any "auto" that is hired, rented or borrowed from your "employee ". G. PHYSICAL. DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D,, Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured' ; and (2) In or on your covered "auto ", This coverage only applies in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1,b, and A.1.c., but only: a. if that "auto' is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto' of the private passenger type shown in the Schedule or Declarations for which Physical Damage Coverage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto'; and (2) Arty: (a) Overdue lease or loan payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry -over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 Triple H.S., dba HT Harvey & Associates Term: September 1, 2015 to September 1, 2016 Policy #6804D883508 -The Travelers Indemnity Co. Of Connecticut CCMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsernert modifies insurance provided under the following: COMMERC'AL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO 1S AN INSURED (Section 11); Any person or organization that you agree in a "contract or agreement requiring insurance" to ir- clude as an additicrai insured on this Coverage Part, but only with respect to liability for "bodily in- jury.'. "property damage" or "personal injury" caused, in whole o- in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: V a. In the performance of your orgoing opera - tiors; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard Such person or organisation does not qualify as ar additional insured for "bodily injury "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The Insurance provided to such additional insured is limited as follows: M e f. ?his insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover age Part. This insurance does not apply to the render- ing of cr failure to render any "professional services The limits of insurance afforded to the addi- tioral Insured shalt be the limits which you agreed in that " ctntract or agreerngnt requir- ing insurance" to provide for that additional insured, or the limits shown in the Declam- tions for this Coverage Part, whichiyver are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part, B. The following Is added to Paragrapn a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section iIV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this'nsurance is primary to other insurance that is available to such additional insured which covers such addi- tioral insured as a named insured, 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 scugint arises out of an offense committed: after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other nsurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): 'Ale vi any rights 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. under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 t? 2007 The Travelers i ornka• es, Inc, Page 1 of 2 iris lude%i the copyrn ;hteu natf�r ai o' Insu,ance Services Off ce, ltrv, vnth its petrnisx un. COMMERICAL GENERAL LIABILITY njuy or "property carragc* occurs. or the "per- sonal injury" offense is committra. D. The following definition is added to DEFINMONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and property darnage" occurs, and the "personal in- jur/' is caused by an offivnse committed: a. After you have entered into that contract or agreement: b. Whilo that part of the contract or agreement is in effect, and c. Before the end of the policy period. Page 2 of 2 ' 200 Tne I,avelers Coi•pan es Inc. CG D3 81 09 07 mJ,ides tna ropyr gritec rnz:enal of ­3.19riCe UrVEws Othce. i%.. with its porlll-ssIun BUSINESS LICENSE The Licensee paid to the City of Dublin the required business license fee and is hereby granted a license for the period stated, to conduct, carry on or engage in the business set forth herein, in conformity with Dublin Municipal Code 4.04 within the City limits. Licensee: HT HARVEY & ASSOCIATES Location: 983 UNIVERSITY AVE BUILDING D Owner(s): RON DUKE TRIPLE HS INC HT HARVEY & ASSOCIATES 983 UNIVERSITY AVE BUILDING D LOS GATOS, CA 95031 City of Dublin 100 Civic Plaza Dublin, CA 94568 (925) 833 -6620 DESCRIPTION: Ecological Surveys and Consultations Number: BL- 110495 Effective Date: 8/1/2016 Expiration Date: 9/30/2016