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HomeMy WebLinkAboutDenise Duffy & Associcates - Gilroy Presbyterian Church Biological Report AGREEMENT FOR SERVICES (For contracts of $5,000 or less) This AGREEMENT made this 20 day of June, 2011, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Denise Duffy & Associates, Inc., having a principal place of business at 947 Cass Street, Suite 5, Monterey, CA 93940. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on the date that all parties sign the Agreement and will continue in effect through completion of the tasks identified in the Scope of Services (Exhibit A) unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" within the time periods described therein. \JH\53B064.1 01-121B04706002 -1- Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above- described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. Employment of Assistants CONSULTANT m<:lY, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT as provided for in Exhibit "B", "Payment Schedule". Invoices CONSULTANT shall submit invoices for all services rendered. \JH\53B064.1 01-121 B04706002 -2- Payment Payment shall be due within thirty (30) days after receipt of invoice describing the work performed and approved direct expenses as provided for in Exhibit "A" incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULT ANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. Licenses CONSULTANT shall possess a State of California Contractor's license in the appropriate category for performing services under this Agreement. CONSULTANT shall obtain a City of Gilroy Business License. Workers' Compensation CONSULTANT agrees to provides workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. \JH\53B064.1 01-121 B04706002 -3- Indemnification of Liability, Duty to Defend A. As Respects Professional Liability: To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. B. As Respects Other Liability: To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. \JH\53B064.1 01-121 B04706002 -4- State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: *CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; *CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; *CITY will not withhold state or federal income tax from payment to CONSULTANT; *CITY will not make disability insurance contributions on behalf of CONSULTANT; *CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULT ANT'S duties under this Agreement. \JH\53B064.1 01-121B04706002 -5- Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT Termination on Occurrence of Stated Events This Agreement shall terminate automatically on the occurrence of any of the following events: 1. Bankruptcy or insolvency of either party; 2. Sale of the business of either party; 3. Death of either party. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. Not performing any of its services professionally and/or timely. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit "B" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. \JH\53B064.1 01-121B04706002 -6- Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on.the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. Transition Mter Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of its services, and shall act in such a manner as to facilitate any new CONSULTANT'S assumption of duties. ARTICLE 8. GENERAL PROVISIONS Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to a party at the address appearing below such party's signature below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. Entire Agreement of the Parties This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by both parties. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. \JH\53B064.1 01-121B04706002 -7- Americans With Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans With Disabilities Act of 1990 ("the Act") in its current form and as it may be amended from time to time. The Contractor shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. Compliance With Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of California. \JH\53B064.1 01-121B04706002 -8- Executed at Gilroy, California, on the date and year first above written. CONSULTANT: DENISE DUFFY & ASSOCIATES, INC. a California Corporation By: ~~;a)Jttr ()~\ Ov (printjme) Title: ~~a~r Address for Notices: 947 Cass Street, Suite 5 Monterey, CA 93940 Attn: Cynthia Meyer Social Security or Taxpayer Identification Number: -1.,..05U5~2S \JH\53B064.1 01-121 B04706002 CITY: Address for Notices: 7351 Rosanna Street Gilroy, CA 95020 Attn: City Administrator Approved as to Form .V;'. /:' /7 7()~ c./ ) I/<I2cL fA"' e.~-k ~"'- City Attorney -9- EXHIBIT "A" I. SCOPE OF SERVICES See attached "Scope of Work for the Gilroy Presbyterian Church Biological Report." II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence services upon delivery to CONSULTANT of written Notice to Proceed. B. COMPLETION OF SERVICES When CITY determines that CONSULT ANT has satisfactorily completed all of the services defined under this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed all of the services under this Agreement, and if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such services, CITY shall so inform CONSULTANT within this two (2) week period. III. SCHEDULE See "Schedule" section of attached "Scope of Work for the Gilroy Presbyterian Church Biological Report." IV. DIRECT EXPENSES Direct expenses are charges and fees not included in the Scope of Services described above. CITY shall be obligated to pay only for those direct expenses which have been identified in the "Scope of Work for the Gilroy Presbyterian Church Biological Report." CONSULTANT shall obtain written approval from CITY prior to incurring or billing of any other direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses \JH\53B064.1 01-121 B04706002 -1- III. GENERAL PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the services required under this Agreement shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees; representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY'S request. D. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. E. OWNERSHIP OF MATERIAL. All material (including information developed on computer(s)) prepared (or caused to be prepared) under this Agreement shall be the property of CITY. \JH\53B064.1 01.121B04706002 -2- F. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. G. WAIVER. CONSULTANT agrees that waiver by CITY of anyone or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. H. AMENDMENTS. No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. I. CONFLICT OF INTEREST. CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. J. CAPTIONS. The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions or interpretation. \JH\53B064.1 01-121B04706002 -3- Scope of Work for The Gilroy Presbyterian Church Biological Report INTRODUCTION Denise Duffy & Associates, Inc. (DD&A) is pleased to submit this work program, cost proposal, and schedule to prepare the requested environmental documentation. The goal of the proposed project is to provide a comprehensive analysis of existing biological resources and potential project impacts associated with project activities. In addition, the environmental documentation will provide sufficient information to satisfy subsequent state and federal environmental policy requirements and regulatory permitting if necessary . The following work program to be performed by DD&A is based on our review of the applicable sections of state and federal environmental guidelines, and conversations with, and materials provided by the project proponent. The scope of work includes the following tasks: 1) initiate project, 2) complete field review and data collection, 3) prepare draft Biological Report, and 4) respond to comments and finalize the report. WORK PLAN Task 1. Proiect Initiation This task includes contacts with stakeholders involved in the project in an effort to further define the scope and project path. In addition, pre-survey research will be conducted utilizing available resources including California Department of Fish and Game California Natural Diversity DataBase, California Native Plant Society lists, local experts, and other published and unpublished materials as related to CEQA and the City of Gilroy requirements. Task 2. Field Review and Data Collection DD&A biologists will visit the site to assess the environmental conditions of the site and its surroundings. The field review will provide an evaluation of general habitat features and environmental constraints at the project site and within the local vicinity, and provide a basis for recommendations to minimize or avoid impacts. Task 3. Preparation of Draft Bioloe:ical Report The Draft Biological Report will include documentation of the biological resources in the project area and an assessment of the impacts of the proj ect on those resources. This report will provide recommendation on the significance of the potential impacts and mitigation measures. In addition, the report will identify potential regulatory constraints, permits and authorizations that may be nessasary, and additional surveys that are recommended to allow your project to be completed. Task 4. Respond to Comments and Revise Draft Bioloe:ical Report DD&A will revise the Biological Report in response to comments received from the Gilroy Presbyterian Church and the City. 1 Denise Duffy & Associates, Inc. 947 Cass Street, Suite 5 · Monterey, CA 93940. (831) 373-4341 COST ESTIMATE The tasks required to complete the Biological Report have been outlined in the Work Plan section of this proposal. This project will be billed on a time-and-materials basis with a not-to-exceed limit as detailed in the attached cost estimate. General Assumptions: DD&A has budgeted for 3 copies of the report. The budget is based on completing only the tasks identified above, and does not include a wetland delineation or formal consultation with resource agencies. DD&A is available to perform these additional tasks, if requested. However, these additional services would require a contract add-on. SCHEDULE The Biological Report will be completed 30 days after authorization to proceed is signed by an authorized representative of the City. This schedule assumes no changes in the Area of Potential Impact after notice to proceed is provided. 2 Denise Duffy & Associates, Inc · 947 Cass Street, Suite 5 · Monterey, CA 93940 · (831) 373-4341 EXHIBIT "B" PAYMENT SCHEDULE \JH\53B064.1 01-121 B04706002 -1- .... <:.l 'l.l ';::-' ~ ..s::: ~ ;:: c5 :::: ~ 'f::: 'l.l ~ l s ...:: G - \0 r-- \0 "'" = 00 0 - 0\ "'" = 00 r-- r--~ \0 = - ...;- IltlO.L'ISlt.L €A €A €A €A €A - - - "" V') V') V') \0 - IltJ!-Ia!:) €A €A 00 N N '<t N C) 0 \0 ....... 00 \0 SIn/SJ!qdlt.ln J,., €A €A Q ~ V') N \0 N '<t "'" 0 ..;l - 0\ "'l 00 '" N ~ lSnuapS N~ ~ ... 'AUa alltpOSSV ~ Q '" '" -< €A €A a(S '<t N - l'-.. is V') V') N r-- - 00 = .IaSltUltw ~ ~ lJafO.ld '" .a ~ ~ €A €A ~ - CIS ~ ell q::: o:l ,~ ..... .e l-< Q) ..... 0 ell U fr '~ ~ ~ "0 l-< ~ o(! ::: U ~ == o:l U ell ~ Q ..... 'on i:: '" o:l 0 'l.l J,., Cl "0 ~ ~ ~ == ,s. Q., Q ,~ ""8 as ~ ... - '" ,Q Q., ..... o:l q::: 0 ... - ... ,~ ~ o:l U == '" J,., 0 ~ ..... l-< ~ Q '" 'S '~ Cl ..... .::: ~ ~ ...... ""8 ~ ..... Q) ~ -< a3 l-< l-< 0 ~ ..:.:: o:l "'0 fr 0.. '" '0' ] ell ~ ~ CIS l-< l-< Q) - E-o p.., ~ p.., ~ - CIS ~ - #S)lSV.L .... M l'f'l ~ ~ Q E-o = .... M ...;- €A E-o TJl o U ..;l -< E-o o E-o ...... -,.. <V) -,.. ~ <V) ~ <V) ~ o -,.. 0- <V) 0- Cj ~ .... 'l.l ~ ~ V') V') 0 0 = r-- N V') \0 .... €A €A €A €A M €A ]' ..... >t '" u c.S ~ Q) '" Q)~ ~:f == ~ ell d Q., 5 0 .9 ~ 0.. ...d ..... ~ ~ 8 u d .g '" TJl ~ ,9 0 '" ...... ..... l-< == d o:l p.., ~ eIl~ U 'g Q., 'S ~ ~ ~. Q) ~ .5 E Of) o:l - 8 ~ CIS ..... - o:l 0 0 ~ Q ::E u Cl E-o or, ~ ~ ...." 'l.l ~ ~ '" ~ \j "- -,.. 0- <:.l ~ ~. .... ~ '('3 o ~ ">:: ~ ;:: Q 'l.l '" ';;: 'l.l Q ~ lrmtd Denise Duffy & Associates, Inc. PLANNING AND ENVIRONMENTAL CONSULTING 2011 SCHEDULE OF RATES HOURLY PERSONNEL RATES Principal Senior Project Manager/Engineering Specialist Senior Project Manager Senior Environmental Scientist/Botanist Senior Planner II Project Manager Assistant Project Manager Environmental Biologist Associate Planner/Scientist Assistant Planner/Scientist GIS/Computer Specialist Administrative Manager Field Technician I Field Technician II Data base/Designer /G ra ph ics Administrative Assistant $205.00 $168.00 $135.00 $134.00 $131.00 $125.00 $105.00 $100.00 $ 95.00 $ 85.00 $ 90.00 $ 74.00 $ 60.00 $ 65.00 $ 68.00 $ 55.00 Direct reimbursable expenses are charged at DD&A cost, plus 15%. These expenses may include, but are not limited to: subconsultants, reproduction, courier, postage, long-distance phone, fax and cellular, mileage and field supplies. Mileage will be charged at the current IRS mileage rate. Tel: (831) 373-4341 Fax: (831) 373-1417 947 Cass Street, Suite 5 Monterey, CA 93940 ACORD CERTIFICATE OF LIABILITY INSURANCE Date (MMJDDNR) TM 7/8/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HEFFERNAN PROFESSIONAL PRACTICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License Number: 0564249 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1866 W. Katella Avenue, Suite 255 Orange, CA 92867 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: One Beacon America 21970 Denise Duffy & Associates INSURER B: EmDloyers Fire Insurance 20648 947 Cass St., Ste. 5 INSURER C: Continental Casualty Co 20443 Monterey, CA 93940 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVv'lTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~R ~~~.~ TYPE OF INSURANCE POUCY NUMBER Pgii~~~~;~ ~~~I~~~ B I GENERALUABIUTY 2U19361 09/01110 09/01/11 ~ COMMERCIAL GENERAL LIABILITY 1 CU\IMS MADE I X I OCCUR COVERAGES EACH OCCURRENCE ~~~~J?E~E~~enc.\ MED EXP (ANY ONE PERSON) B ~'LAGGREG~I~:;'PP~ER I I POLICY I XI JECT I I LOC AUTOMOBILE LIABILITY - - PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS . COMPIOP AGG) 09/01/10 09/01/11 2UI9361 COMBINED SINGlE LIMIT (Ea accldenl) ANY AUTO - ALL OVo/NEDAUTOS SCHEDULED AUTOS BOOlL Y INJURY (Per p"non) - ~ HIRED AUTOS ~ NON.QWNEDAUTOS BODILY INJURY lPerac,;idtllt) PROPERTY DAMAGE (Per Accident) GARAGE LIABILITY =l ANY AUTO EXCESSIUMBREUA LIABILITY :J OCCUR D CU\IMS MAOE I DEDUCTIBLE I RETElmON $0 A ~~:~::R;?~~~~:,noN ANO Not Applicable AUTO ONLY - EAACCIDENT OTHER THAN AUTO ONLY: EAACC AGG Not Applicable EACH OCCURRENCE AGGREGATE 09/01/10 09/01/11 X lwe STATU- 1 10TH- TORY LIMITS ER EL EACH ACel DENT EL OISEASE. POLICY LIMIT EL OISEASE . EA EMPLOYEE 406018826 ANY PROPIETORIPARTNERiEXECUTIVE OFFICERlMEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below OTHER LIMITS $1,000,000 $500,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ $ $ $ $ $ $ $ $ $ $ $1,000,000 $1,000,000 $1,000,000 C ProfessbnaI UabIy EEA276198480 11/05/10 11105/11 Per Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATlONSILOCATIONSIVEHICLESlEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS Projects as on file with the Insured Including but not limited to Presbyterian Church. City of Gilroy, its officers and employees are named as addillonal insureds on general liability policy-see allached endorsement. CANCELLATION .10 day notice of cancellation for non Dayment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL iN DiA-VelR 10 MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, B~IWRi TO D(UO &HA~ l"'lIO$lWI0-0llUGAflQN.QR-l.lA-81~~~I).UPQIHHIHH&YR'A, ITS 'G~ RiPRili"JPlI"ii AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER City of Gilroy Attn: Melissa Durkin 7351 Rosanna 8t. Gilroy, CA 95020 ////~~~., ACORD 25 (2001108) @ACORD CORPORA lION 1988 Architects and Engineers Extender Additional Insured Language* The following policy language is from Employers Fire Insurance Company Business Owners Liability Coverage Form G15911 0305: Form G15911 0305 Amends the Commercial General LIability Coverage Form: 1. The following are added to Section 11- Who Is an Insured: a. Person or organization required by Written Contract Any person or organization that you agree to add as additional insured under this General Liability coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or .property damage" occurs or the offense that causes the "personal and advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of your non-professional work for that person or organization. However such person or organization is not an additional insured with respect to any: (1) "Bodily Injury", "property damage", or "personal and advertising injury" that does not arise out of: (a) Your Negligence: or (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury: "property damage" or "personal and advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement. (3) "Property Damage" to: (a) Property owned, used or occupied by or loaned or rented to, such person or organization: or (b) Property over which such person or organization is for any purpose exercising physical control: (4) All Professional liability as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acling on any insured's behalf provides or provided service, advise, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection formation, reconstruct, repair, or in any improvement made to real property. Construction also includes the hiring, supervision or management of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. Primary & Non-Contributory: This insurance will be considered primary to, and non-contributory with any other insurance issued directly to a person or organization added as an additional insured. Per Project Aggregate: Section III Limits of Insurance is amended by adding the following: The General Aggregate Limit under Section III-Limits of Insurance applies separately to each of 'your projects. or each location listed in the location information in the common polley declarations. Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in the Coverage Part to the First Named Insured, this insured applies: a. As if each Named insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. Waiver of Subrogation: Transfer of Rights of Recovery Against Other to Us in Section IV - Commercial General Liability Conditions: However, we waive the right of recovery and proceeds we may have against any person or organization that is added as an additional insured under 1.1.a a. Because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" in ongoing operations include or Included In the "products-completed operations hazard" and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal and advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. NAMED INSURED: Denise Duffy & Associates POLICY NUMBER: 2U19361 PlJ1--~, AUTHORIZED REPRESENTATIVE *From Form: G15911 0305 ACORD TM CERTIFICATE OF LIABILITY INSURANCE I Date 118 /2011 /YR) 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Professional Practices Insurance Brokers License No. 0564249 NAME: PHONE A/c No,Ext : 714- 997 -8100 A/C,No : 714-460-9935 EMAIL sherryy@heffins.com ADDRESS: 1855 W. Katella Ave., Ste 255 Orange, CA 92867 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Massachusetts Bay Insurance Co 22306 INSURER B: Hanover American Insurance Co 36034 Denise Duffy & Associates 947 Cass St., Ste 5 , CA 93940 Monterey, INSURER C: Continental Casualty Co 20443 INSURER D: INSURER E: 09/01/11 09/01/12 INSURER F: $5,000 PERSONAL & ADV INJURY $1,000,000 CnVFRA111179 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL L LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $500,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE F_x1 OCCUR ODF916991200 09/01/11 09/01/12 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY X PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $Incl in GL BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS ODF916991200 09/01/11 09/01/12 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 B ANY PROPRIETOR /PARTNER /EXECUTIVE/ OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in N.H.) WA WZF916990600 09/01/11 09/01/12 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C PROFESSIONAL LIABILITY EEH276198480 11/05/11 11/05/12 Per Claim Aggregate $+,000,000 $2,.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Projects as on file with the insured including but not limited to Presbyterian Church. City of Gilroy, its officers and employees are named as additional insureds on general liability policy-see attached endorsement. CFRTIFICATF Hnl nFR CANCELLATION ACORD 25 (2010105) ©1 -8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Gilroy Y y EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Melissa Durkin 7351 Rosanna St. AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 ACORD 25 (2010105) ©1 -8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: ODF916991200 Insured: DENISE DUFFY & ASSOCIATES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _ GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM I. Additional Insured by Contract, Agreement or Permit Under SECTION II — LIABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury' caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, but only with respect to: (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury ", "property damage" or "personal and advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury ", "property damage" or "personal and advertising injury" arises out of the sole negligence of the lessor; (4) To any: (a) Owners or other interests from whom 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page I of 5 land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury ", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (5) To "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This includes but is not limited to any professional services as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advice, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection, formation, reconstruct, rehabilitation, repair, or any improvement made to real property. Construction also includes the hiring, supervision or management of any of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. II. Additional Insured by Contract, Agreement or Permit — Primary and Non - contributory The following is added to SECTION III — COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II - LIABILITY, Part C — Who is An Insured, is primary and non- contributory, the following applies: 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 5 391 -1586 02 11 If other valid and (a) That is Fire, collectible insurance is Extended ` available to the Additional Coverage, Insured for a loss we cover Builder's Risk, under SECTION II — Installation Risk LIABILITY, Part A. or similar Coverages, Paragraph 1., coverage for Business Liability our "your work "; obligations are limited as (b) That is Fire follows: insurance for a. Primary Insurance premises rented This insurance is to the Additional Insured primary to other Insurance that is . temporarly available to the occupied by the Additional Insured Additional Insured with which covers the Additional Insured as a permission of Named Insured. We the owner; will not seek (c) That is contribution from any insurance other insurance purchased by available to the the Additional Additional Insured Insured to cover except: the Additional Insured's liability 1 () For the sole as a tenant for negligence of the ' property Additional Insured; damage' to premises rented (2) When the Additional o the Additional Insured is an Insured or Additional Insured temporarily under another occupied by the Additional primary liability Insured with policy; or permission of (3) When b.(2) below the owner; or applies. (d) If the loss arises out of the If this insurance is maintenance or primary, our use of aircraft, obligations are not "autos" or affected unless any watercraft to the of the other extent not insurance is also subject to primary. Then, we Exclusion g. of will share with all SECTION II — that other insurance LIABILITY, Part by the method A. Coverages, described in b.(3) 1. Business below. Liability. b. Excess Insurance This insurance is excess over: (1) Any of the other Insurance, whether primary, excess, contingent or on any other basis: Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 3 of 5 When this insurance is If any of the other insurance excess, we will have no does not permit contribution duty under SECTION II — by equal shares, we will LIABILITY, Part A. contribute by limits. Under this Coverages, 1. Business method, each insurer's share Liability to defend the is based on the ratio of its insured against any "suit" if applicable limit of insurance to any other Insurer has a the total applicable limits of duty to defend the insured insurance of all insurers. against that "suit ". If no other insurer defends, we III. Aggregate Limit of Insurance will undertake to do so, but (Per Project) we will be entitled to the insured's rights against all a. For purposes of the coverage those other insurers. provided by this endorsement, When this insurance is D. Liability and Medical excess over other Expenses Limits of insurance, we will pay only Insurance under Section II — our share of the amount of the loss, if any, that Liability is amended by exceeds the sum of: adding the following: (1) The total amount that The General Aggregate Limit all such other insurance would pay under D. Liability and for the loss in the Medical Expenses Limits of absence of this Insurance applies separately insurance; and to each of "your projects" or (2) The total of all each location listed in the deductible and self- Declarations. insured amounts under all that other insurance. b. For purposes of the coverage We will share the provided by this endorsement remaining loss, if any, with F. Liability And Medical any other insurance that is not described in this Expenses Definitions under Excess Insurance Section II - Liability is provision and was not amended by adding the bought specifically to apply following: in excess of the Limits of Insurance shown in the a. "Your project" means: Declarations of this Coverage Part. i. Any premises, site c. Method Of Sharing or location at, on, or in If all of the other insurance which "your work" is not permits contribution by equal yet completed; and shares, we will follow this method also. Under this ii. Does not include approach each insurer any location listed in contributes equal amounts the Declarations. until it has paid its applicable limit of insurance or none of IV. Blanket Waiver of Subrogation the loss remains, whichever comes first. Para rah K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 4 of 5 We will waive any right of recovery we may have against any person or organization when you have agreed in a written contract, permit or agreement to waive any rights of recovery against such person or organization 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 ". 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 5 of 5 ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date 9/9/2011 YR) 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Professional Practices Insurance Brokers License No. 0564249 NAME: PHONE AC, No, Ext : 714- 997 -8100 A/C,No : 714-460-9935 EMAIL sherryy @heffins.com ADDRESS: 1855 W. Katella Ave., Ste 255 Orange, CA 92867 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Massachusetts Bay Insurance Co 22306 Denise Duffy & Associates INSURER B: Hanover American Insurance Co 36034 947 Cass St., Ste 5 INSURER C: Continental Casualty Co 20443 INSURER D: ODF916991200 Monterey, CA 93940 INSURER E: MED EXP(Any one person) $5,000 INSURER F: $1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYY POLICY EXP MM /DD /WY LIMITS GENERAL L LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $500,000 A CLAIMS -MADE Ed OCCUR X ODF916991200 09/01/11 09/01/12 MED EXP(Any one person) $5,000 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $Incl in GL BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS ODF916991200 09/01/11 09/01/12 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N X WC STA OTH- TORY LIMITTU- S ER E.L. EACH ACCIDENT _ $1,000,000 B ANY PROPRIETORIPARTNERIEXECUTIVEI OFFICER/MEMBEREXCLUDED? ❑ N/A WZF916990600 09/01/11 09/01/12 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in N.H.) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C PROFESSIONAL LIABILITY EEA276198480 11/05/10 11/05/11 Per Claim Aggregate $1,000,000 $2,.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Projects as on file with the insured including but not limited to Presbyterian Church. City of Gilroy, its officers and employees are named as additional insureds on general liability policy-see attached endorsement. Wei =1;III ;ILoCA0=1:M11111 74: a1zI@3A>1Aa11IL97: ACORD 25 (2010/05) 01.8.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Clt Of Gilroy Y Y EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Melissa Durkin 7351 Rosanna St. AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 ACORD 25 (2010/05) 01.8.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: ODF916991200 Insured: DENISE DUFFY & ASSOCIATES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM I. Additional Insured by Contract, "personal and advertising Agreement or Permit injury "; Under SECTION II — LIABILITY, C. (2) To any person or organization Who Is An Insured, Paragraph 4. is included as an insured by an added as follows: endorsement issued by us and a. Any person or organization for made part of this Policy; whom you are performing (3) To any lessor of equipment: operations when you and such (a) After the equipment lease person or organization have agreed expires; or in writing in a contract, agreement or permit that such person or (b) If the "bodily injury ", organization be added as an "property damage" or additional insured on your policy. "personal and advertising Such person or organization is an injury" arises out of the sole additional insured only with respect negligence of the lessor; to liability for "bodily injury ", (4) To any: "property damage" or "personal and (a) Owners or other interests advertising injury" caused, in whole from whom land has been or in part, by: leased which takes place (1) Your acts or omissions; or after the lease for that land (2) The acts or omissions of those expires; or acting on your behalf, (b) Managers or lessors of but only with respect to: premises if: (3) "Your work" for the additional (i) The occurrence takes insured(s) at the location place after you cease to designated in the contract, be a tenant in that agreement or permit; or premises; or (4) Premises you own, rent, lease, (ii) The "bodily injury ", control or occupy. "property damage" or "personal and lies on a primary This insurance applies p y advertising injury" arises basis if that is required by the out of structural written contract, agreement or alterations, new permit. construction or b. This provision does not apply: demolition operations (1) Unless the written contract or performed by or on written agreement has been behalf of the manager executed or permit has been or lessor; or issued prior to the "bodily (5) To "bodily injury ", "property injury ", "property damage" or damage" or "personal and advertising injury" arising out of 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 4 the rendering of or the failure to If other valid and collectible render any professional insurance is available to the services. This includes but is Additional Insured for a loss we not limited to any professional cover under SECTION II — services as an architect or LIABILITY, Part A. Coverages, engineer arising out of any Paragraph 1., Business construction agreement or Liability our obligations are activities under which any limited as follows: insured or anyone acting on any a. Primary Insurance insured's behalf provides or This insurance is primary to provided service, advice, other insurance that is expertise or work. Construction available to the Additional includes, but is not limited to, Insured which covers the the plan, conception, design, Additional Insured as a build, construct, assembly, Named Insured. We will not development, safety, erection, seek contribution from any formation, reconstruct, other insurance available to rehabilitation, repair, or any the Additional Insured improvement made to real except: property. Construction also (1) For the sole negligence includes the hiring, supervision of the Additional or management of any of these Insured; activities. However, this exclusion does not apply to (2) When the Additional liability arising out of an Insured is an Additional insured's presence at a jobsite Insured under another that was not caused by primary liability policy; professional activities listed in or the above paragraph. (3) When b.(2) below applies. c. Additional insured coverage provided by this provision will not be If this insurance is broader than coverage provided to primary, our obligations any other insured. are not affected unless any of the other d. All other insuring agreements, insurance is also exclusions, and conditions of the primary. Then, we will policy apply. share with all that other II. Additional Insured by Contract, insurance by the Agreement or Permit — Primary and method described in Non - contributory b.(3) below. b. Excess Insurance The following is added to SECTION III — COMMON POLICY CONDITIONS: This insurance is excess M. Other Insurance over: (1) Any of the other 1. Additional Insureds insurance, whether If you agree in a written primary, excess, contract, written agreement or contingent or on any permit that the insurance other basis: provided to any person or (a) That is Fire, organization included as an Extended Additional Insured under Coverage, Builder's SECTION II - LIABILITY, Part Risk, Installation C — Who is An Insured, is Risk or similar primary and non - contributory, coverage for "your the following applies: work "; 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 4 (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II — LIABILITY, Part A. Coverages, 1. Business Liability. When this insurance is excess, we will have no duty under SECTION II — LIABILITY, Part A. Coverages, 1. Business Liability to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. III. Aggregate Limit of Insurance (Per Project) a. For purposes of the coverage provided by this endorsement, D. Liability and Medical Expenses Limits of Insurance under Section II — Liability is amended by adding the following: The General Aggregate Limit under D. Liability and Medical Expenses Limits of Insurance applies separately to each of "your projects" or each location listed in the Declarations. 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 3 of 4 b. For purposes of the coverage provided by this endorsement F. Liability And Medical Expenses Definitions under Section II - Liability is amended by adding the following: a. "Your project' means: i. Any premises, site or location at, on, or in which "your work" is not yet completed; and fl. Does not include any location listed in the Declarations. IV. Blanket Waiver of Subrogation Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We will waive any right of recovery we may have against any person or organization when you have agreed in a written contract, permit or agreement to waive any rights of recovery against such person or organization 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 ". 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 4 of 4 ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date 992011 YR) 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Professional Practices Insurance Brokers License No. 0564249 NAME: PHONE A/C,,No,Ext : 714- 997 -8100 q/C,No : 714-460-9935 EMAIL sherryy @heffins.com ADDRESS: 1855 W. Katella Ave., Ste 255 Orange, CA 92867 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Massachusetts Bay Insurance Co 22306 INSURER B: Hanover American Insurance Co 36034 Denise Duffy & Associates INSURER C: Continental Casualty Co 20443 947 Cass St., Ste 5 Monterey, CA 93940 INSURER D: ODF916991200 INSURER E: 09/01/12 MED EXP(Anyone person) INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYY POLICY EXP MM /DD/YYY LIMITS GENERAL L LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $500,000 A CLAIMS -MADE F x] OCCUR X ODF916991200 09/01/11 09/01/12 MED EXP(Anyone person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 POLICY 7X PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $Incl in GL BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS ODF916991200 09/01/11 09/01/12 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 B ANY PROPRIETORIPARTNERIEXECUTIVE/ OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in N.H.) N/A WZF916990600 09/01/11 09/01/12 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C PROFESSIONAL LIABILITY EEA276198480 11/05/10 11/05/11 Per Claim Aggregate $1,000,000 $2,.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Projects as on file with the insured including but not limited to La Gardena (Kern Avenue). City of Gilroy is named as additional insured on general liability policy-see attached endorsement. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) 01 -8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Gilroy Y y EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Melissa Durkin 7351 Rosanna St. AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 ACORD 25 (2010/05) 01 -8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: ODF916991200 Insured: DENISE DUFFY & ASSOCIATES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM I. Additional Insured by Contract, "personal and advertising Agreement or Permit injury "; Under SECTION II — LIABILITY, C. (2) To any person or organization Who Is An Insured, Paragraph 4. is included as an insured by an added as follows: endorsement issued by us and a. Any person or organization for made part of this Policy; whom you are performing (3) To any lessor of equipment: operations when you and such (a) After the equipment lease person or organization have agreed expires; or in writing in a contract, agreement or permit that such person or (b) If the "bodily injury ", organization be added as an "property damage" or additional insured on your policy. "personal and advertising Such person or organization is an injury" arises out of the sole additional insured only with respect negligence of the lessor; to liability for "bodily injury ", (4) To any: "property damage" or "personal and (a) Owners or other interests advertising injury" caused, in whole from whom land has been or in part, by: leased which takes place (1) Your acts or omissions; or after the lease for that land (2) The acts or omissions of those expires; or acting on your behalf, (b) Managers or lessors of but only with respect to: premises if: (3) "Your work" for the additional (i) The occurrence takes insured(s) at the location place after you cease to designated in the contract, be a tenant in that agreement or permit; or premises; or (4) Premises you own, rent, lease, (ii) The "bodily injury ", control or occupy. "property damage" or "personal and This insurance applies on a primary advertising injury" arises basis if that is required by the out of structural written contract, agreement or alterations, new permit. construction or b. This provision does not apply: demolition operations (1) Unless the written contract or performed by or on written agreement has been behalf of the manager executed or permit has been or lessor; or issued prior to the "bodily (5) To "bodily injury', "property injury', "property damage" or damage" or "personal and advertising injury' arising out of 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 4 the rendering of or the failure to render any professional services. This includes but is not limited to any professional services as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advice, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection, formation, reconstruct, rehabilitation, repair, or any improvement made to real property. Construction also includes the hiring, supervision or management of any of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. II. Additional Insured by Contract, Agreement or Permit — Primary and Non - contributory The following is added to SECTION III — COMMON POLICY CONDITIONS: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under SECTION II — LIABILITY, Part A. Coverages, Paragraph 1., Business Liability our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; (2) When the Additional Insured is an Additional Insured under another primary liability policy; or (3) When b.(2) below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b.(3) below. b. Excess Insurance This insurance is excess over: M. Other Insurance (1) Any of the other 1. Additional Insureds insurance, whether If you agree in a written primary, excess, contract, written agreement or contingent or on any permit that the insurance other basis: provided to any person or (a) That is Fire, organization included as an Extended Additional Insured under Coverage, Builder's SECTION II - LIABILITY, Part Risk, Installation C — Who is An Insured, is Risk or similar primary and non - contributory, coverage for "your the following applies: work"; 391 -1586 0211 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 4 (b) That is Fire (1) The total amount that all insurance for such other insurance would premises rented to pay for the loss in the the Additional absence of this insurance; Insured or and temporarily (2) The total of all deductible occupied by the and self- insured amounts Additional Insured under all that other with permission of insurance. the owner; (c) That is insurance We will share the remaining loss, if any, with any other purchased by the insurance that is not described Additional Insured in this Excess Insurance to cover the Additional Insured's provision and was not bought specifically to apply in excess of liability as a tenant the Limits of Insurance shown in for "property the Declarations of this damage" to Coverage Part. premises rented to the Additional c. Method Of Sharing Insured or If all of the other insurance permits temporarily contribution by equal shares, we will occupied by the follow this method also. Under this Additional Insured approach each insurer contributes with permission of equal amounts until it has paid its the owner; or applicable limit of insurance or none (d) If the loss arises out of the loss remains, whichever of the maintenance comes first. or use of aircraft, If any of the other insurance does "autos" or watercraft not permit contribution by equal to the extent not shares, we will contribute by limits. subject to Exclusion Under this method, each insurer's g. of SECTION II — share is based on the ratio of its LIABILITY, Part A. applicable limit of insurance to the Coverages, 1. total applicable limits of insurance of Business Liability. all insurers. When this insurance is excess, III, Aggregate Limit of Insurance (Per we will have no duty under Project) SECTION II — LIABILITY, Part A. Coverages, 1. Business a. For purposes of the coverage Liability to defend the insured provided by this endorsement, D. against any "suit" if any other Liability and Medical Expenses insurer has a duty to defend the Limits of Insurance under Section insured against that "suit ". If no II — Liability is amended by adding other insurer defends, we will the following: undertake to do so, but we will be entitled to the insured's rights The General Aggregate Limit under against all those other insurers. D. Liability and Medical Expenses When this insurance is excess Limits of Insurance applies over other insurance, we will separately to each of "your projects" pay only our share of the or each location listed in the amount of the loss, if any, that Declarations. exceeds the sum of: 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 3 of 4 b. For purposes of the coverage provided by this endorsement F. Liability And Medical Expenses Definitions under Section II - Liability is amended by adding the following: _ a. "Your project" means: L Any premises, site or location at, on, or in which "your work" is not yet completed; and ii. Does not include any location listed in the Declarations. IV. Blanket Waiver of Subrogation Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We will waive any right of recovery we may have against any person or organization when you have agreed in a written contract, permit or agreement to waive any rights of recovery against such person or organization 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 ". 391 -1586 02 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 4 of 4