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Home My WebLink AboutEMC Planning Group - Kroeger Subdivision Initial StudyAGREEMENT FOR SERVICES (For contracts over $5,000) do �3 This AGREEMENT made this 8th day of Jam, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: EMC Planning Group, Inc., having a principal place of business at 301 Lighthouse Avenue, Suite C, Monterey, CA 93940. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on July 8, 2013, and will continue in effect through completion of the Scope of Services 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 A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. 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. 1MDOLINGER11070823.1 -1- 101712- 04706083 C. Employment of Assistants CONSULTANT may, 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. D. 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 A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $21,834.00. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT 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. D. 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 1MDOLINGER11070823.1 -2- 101712- 04706083 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 A. 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. B. Workers' Compensation CONSULTANT agrees to provide 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 reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to 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. 2. As to 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, 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. D. 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 IMDOLINGEM1070823.1 -3- 101712 -04706083 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. E. 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. F. 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 A. 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 CONSULTANT'S duties under this Agreement. B. 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. IMDOLINGER11070823.1 -4- 101712- 04706083 ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. 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. CONSULTANT'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 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 completed in accordance with the terms of this Agreement 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 C" 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. C. 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 WDOLINGEM1070823.1 -5- 101712- 04706083 Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after 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 the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. 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. CONSULTANT 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 reasonable 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. C. 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. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. 1MDOLINGER11070823.1 -6- 101712- 04706083 E. 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. F. 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. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether 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. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. 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 the parties at the addresses appearing in IMDOLINGER11070823.1 -7' 101712 - 04706083 Exhibit "A ", Section V.H. 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. J. 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. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one 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. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: EMC Planning Group, Inc. By: " I A111-1 Name: 1 Title: V1 Social Security or Taxpayer Identification Number Y q(' I '-� b(p Approved as to Form City Attorney, -F4bt Y 1MDOLINGER11070823.1 -$- 101712- 04706083 CITY: Cl GILROY By: Name: homas J. Ha nd Title: City Administrator EXHIBIT "A' SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Ron Sissem, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Melissa Durkin shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of 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 completed all of the Services as required by the terms of 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 completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". WDOLINGEM1070823.1 -1- 101712- 04706083 IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER 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. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. 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. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services 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 IMDOLINGER11070823.1 -2- 101712- 04706083 CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California 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. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. 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. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. 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. \MDOLINGER \1070823.1 -3- 101712- 04706083 H. NOTICES. Notices are to be sent as follows: CITY: Melissa Durkin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Teri Wissler Adam EMC Planning Group, Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. WDOLINGEM1070823.1 -4- 101712- 04706083 EXHIBIT "B" SCOPE OF SERVICES WDOLINGEM1070823.1 -1- 101712- 04706083 REVISED PROPOSAL KROEGER RESIDENTIAL SUBDIVISION INITIAL STUDY PREPARED FOR City of Gilroy May 23, 2013 KROEGER RESIDENTIAL SUBDIVISION Initial Study Proposal (Revised) PREPARED FOR Melissa Durkin, Planner II City of Gilroy Planning Division 7351 Rosanna Street Gilroy, CA 95020 Tel 831.846.0440 PREPARED BY EMC Planning Group Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Tel 831.649.1799 Fax 831.649.8399 wis sler@emcplanning. com www.emcplanning.com May 23, 2013 This document was produced on recycled paper. TABLE OF CONTENTS 1.0 Project Understanding ........................... ............................... 1 2.0 Project Approach .................................. ............................... 1 3.0 Scope of Work ..................................... ............................... 2 4.0 Budget and Schedule ............................. ............................... 4 ATTACHMENTS Attachment A Archaeological Consulting Scope of Work Attachment B Edward L. Pack Associates Scope of Work Attachment C Non - Collusion Affidavit EMC PLANNING GROUP INC. 1.0 PROJECT UNDERSTANDING The proposed project is a six -lot residential subdivision on 2.67 acres located south of Santa Teresa Boulevard and north of Eagle Ridge Court in southern Gilroy. The project has a General Plan designation of Residential Hillside and a zoning designation of RH. The project includes a re -zone of the site to RH -PUD, consistent with the surrounding Eagle Ridge residential development. The proposed subdivision include six residential lots, three open space parcels, and private streets connecting to existing Eagle Ridge Court. The project is not exempt from CEQA because it may contain suitable habitat for the California tiger salamander. 2.0 PROJECT APPROACH The initial study will be prepared in strict compliance with the California Environmental Quality Act (CEQA) and Guidelines. The initial study will address all of the issues in the City of Gilroy initial study checklist. To the greatest extent feasible, the following documents will be utilized in preparation of the initial study: ■ Project plans; ■ Technical documentation prepared by LSA Associates; ■ City of Gilroy General Plan, adopted June 13, 2002; ■ City of Gilroy General Plan EIR, certified June 13, 2002; ■ Santa Clara Valley Habitat Conservation Plan; ■ Vicinity projects CEQA documents prepared by EMC Planning Group; and ■ Other applicable documents that may be available from the City. EMC PLANNING GROUP INC. KROEGER RESIDENTIAL SUBDIVISION INITIAL STUDY PROPOSAL (REVISED) 3.0 SCOPE OF WORK The proposed tasks are presented below. Task 1 Project Initiation /Management/Consultation ■ Prepare project files, coordinate staff, general administration ■ Provide CEQA consultation for client ■ Initiation Archaeological Consulting (preliminary archaeological reconnaissance) Task 2 Research & Development ■ Review general plan, general plan EIR, and other applicable City documents ■ Review the other environmental documents prepared for projects in the immediate vicinity ■ Review all project- related material including the vesting tentative map, project application(s), and the November 29, 2005 Results of Biological Reconnaissance Survey, Kroeger Property, Gilroy, prepared by LSA Associates, Inc. ■ Meet and /or consult with City staff and conduct a site visit to document existing conditions and surrounding land uses. ■ Conduct a preliminary archaeological reconnaissance and records search from the Northwest Information Center (NWIC). The project site is located in an archaeologically sensitive area. Archaeological Consulting's scope of work is included as Attachment A. ■ Review the proposed project relative to the BAAQMD thresholds of significance for greenhouse gas emissions. Due to the small project size, it likely falls below the threshold. Therefore, our scope does not include a quantitative analysis; however, the issue will be addressed in the initial study. ■ Conduct a noise assessment study to determine the impact of future traffic noise on Santa Teresa Boulevard on the proposed project. Edward L. Pack Associates scope of work is included as Attachment B. EMC PLANNING GROUP INC. 2 KROEGER RESIDENTIAL SUBDIVISION INITIAL STUDY PROPOSAL (REVISED) Task 3 Assess Biological Resources Note: This scope of work may change upon receipt of Santa Clara Valley Habitat Conservation Plan (HCP) data or procedural guidance associated with the project site from Stan Ketchum, senior planner with the City of Gilroy. An EMC Planning Group biologist will conduct a background data search to determine biological resources known to occur in the vicinity of the project site. These data will be obtained from the California Department of Fish and Wildlife California Natural Diversity Database, the California Native Plant Society Inventory of Rare and Endangered Plants, the U.S. Fish and Wildlife Service Endangered Species Program and National Wetlands Inventory, U.S. Department of Agriculture soil maps, and aerial photographs. The biologist will also conduct a detailed review of the Santa Clara Valley HCP. The biological resources section of the initial study will be prepared in accordance with the HCP policies. An EMC Planning Group biologist will perform a reconnaissance -level field survey of the project site in order to (1) identify the principal plant communities present; (2) evaluate the potential for special - status species and habitats, wildlife movement corridors, jurisdictional wetlands /waterways, protected trees, and other significant biological resources to occur; and (3) identify and map any observed locations of special - status species and /or habitats. Upon completion of the survey effort, the Biological Resources section of the initial study will be prepared including applicable tables, figures, and appendices. The biological resources assessment is intended as an evaluation of existing natural resources found on the site for the purposes of analyzing impacts associated with the proposed project and proposing appropriate mitigation strategies. The survey is not intended to and does not meet specific protocol -level focused survey requirements established by regulatory agencies for any particular special - status species, and does not include wetlands /waterways delineation. Additional biological survey tasks, such as focused special- status species surveys and /or wetlands /waterways delineation, may be recommended upon consultation with City staff, review of the HCP process, and /or completion of the biological resources evaluation. Task 4 Prepare Draft Initial Study /Negative Declaration /Noticing/ Mitigation Monitoring Program ■ Prepare the administrative draft initial study, negative declaration, and mitigation monitoring program, and provide eight (8) copies to the City for review and comment ■ Prepare a draft notice of intent and notice of completion ■ Provide documents in electronic format EMC PLANNING GROUP INC. 3 KROEGER RESIDENTIAL SUbJIVISION INITIAL STUDY PROPOSAL (REVISED) Task 5 Prepare Public Review Initial Study /Negative Declaration/ Noticing /Mitigation Monitoring Program ■ Prepare the public review initial study, negative declaration, and mitigation monitoring programs and provide forty -five (45) hard copies to the City for public distribution, and fifteen (15) CDs to file with the State Clearinghouse ■ Prepare a final notice of intent for the City to file with the county clerk and notice of completion for the City to file with the State Clearinghouse, if applicable ■ Provide documents in electronic format The City will distribute all documents and notices. Task 6 Response to Comments /Final Negative Declaration ■ Prepare a draft response to comments and final negative declaration, if necessary, for review and approval by the City. One electronic proof copy will be provided. Upon receipt of the City's comments, our firm will prepare the final response to comments for incorporation into the staff report and use by the decision - makers. Twenty -five (25) hard copies will be forwarded to the City. ■ Provide documents in electronic format Optional Task ■ Meetings /Public Hearings. EMC Planning Group will attend meetings and public hearings at the request of City staff. Costs are included as options on the attached cost spreadsheet. 4.0 BUDGET AND SCHEDULE A budget is presented on the following page. The proposed schedule follows: Prepare draft documents 6 weeks City staff review 3 weeks Prepare public review documents 1 week Public Review 4 weeks Response to Comments 2 weeks Total Weeks 16 weeks EMC PLANNING GROUP INC. 4 ATTACHMENT A ARCHAEOLOGICAL CONSULTING SCOPE OF WORK ARCHAEOLOGICAL CONSULTING P.O. BOX 3377 SALINAS, CA 93912 (831) 422 -4912 Fax (831) 422 -4913 April 9, 2013 Teri Wissler Adam EMC Planning Group Via email: Wissler @emcplanning.com Dear Teri: At your request we are providing a proposal to complete a Preliminary Archaeological Reconnaissance report for the proposed Kroeger subdivision project, located southwest of Santa Teresa Blvd. in Gilroy, Santa Clara County, California. The cost for this service, based on information provided by you, is estimated to be $1,100.00 for a report to be completed in approximately three to four weeks from the date of authorization. Extra charges may be applied if incorrect information results in additional time or extra trips to the property (i.e. gate combinations incorrect, entry denied, etc.). The scope of work includes a background search of the records at the Northwest Information Center of the California Historical Resources Information System to determine whether any archaeological sites are recorded in the project area or the immediate vicinity, and whether there has been any previous archaeological work done within or adjacent to the project area; a field inspection of the project area; and five copies of the report. If you wish us to proceed with the reconnaissance, please sign and return the enclosed authorization form or provide us with your standard contract for execution. You may also email a copy of the authorization to expedite commencement of the project. We will invoice you for the project fee upon completion of the report in three to four weeks. These terms will be in effect for 90 days. If we have not heard from you in that time, we will assume that you do not need our services and any materials we have regarding this project will be discarded. If you have any questions about this proposal, please contact me for clarification. Sincerely, t444y� Nvv" Mary Doane ATTACHMENT B EDWARD L. PACK ASSOCIATES SCOPE OF WORK EDWARD L. PACK ASSOCIA TES, INC. 1975 HAMILTON AVENUE SUITE 26 SAN JOSE, CA 95125 Ms. 'Teri Wissler Adam EMC Planning Group, Inc. 301 Lighthouse Avenue Suite C Monterey. CA 93940 Acrurslical ('onsultcn is TEL: 408- 371 -1195 FAX: 408- 371 -1196 www.packassociates.com Mav 21, 2013 Subject: Proposal to Perform a Noise Assessment Study for the Planned Single- Family Development. Kroeger Property, Gilroy Dear Ms. Adam: We are pleased with the opportunity to submit this proposal to perform a noise assessment study for the planned single- family development at the Kroeger Property in Gilroy. Upon review of the Site Plan, we propose the following scope -of -work: 1) Conduct on -site noise level measurements of Santa Teresa Boulevard traffic sources. 2) Calculate the Day -Night Level (DNL) for existing, and future conditions and evaluate the noise exposure impacts to the project against the standards of the City of Gilroy Noise Element. 3) Develop noise mitigation measures, as necessary, to achieve compliance with the standards. 4) Prepare and submit a report including our finding and recommendations. MEMBER: ACOUSTICAL SOCIETY OF AMERICA NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS -I- The above work tasks require 15 man-hours of engineering labor and our fee is Not-to-Exceed 53,000.00. Required attendance at meetings, presentations or other required services beyond the above described scope-of-work will be billed on a time and materials basis at $200.00/hr. portal- to-portal. Public testimony, meetings or engineering commencing after 5:00 p.m. or on weekends will be billed on a time and materials basis at $250.00/hr. Judicial/expert witness testimony is billed at $250.00/hr. This proposal can be made a contract by affixing an authorized signature and date of acceptance in the spaces below and returning one copy to us. A Purchase Order or Consultant Service Agreement may also be submitted. Thank you for considering us for this project and we look forward to working with you. Respectfully submitted, EDWARD L. PACK ASSOC., INC. J'6�ffrev K. Pack President ACCEPTANCE: SiLmature: Title: Print Name: Date: P.O. 4: FMC: KROEGER PROPERTY ATTACHMENT C NON - COLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT I declare on behalf of the firm I represent that this proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the firm I represent has not directly or indirectly induced or solicited any other Consultant to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the firm I represent has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Consultant or any other Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant, or to secure advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the firm I represent has not, directly or indirectly, submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member of agent thereof to effectuate a collusive or sham proposal. Signed: Name: Teri Wissler Adam Title: Senior Principal Date: April 9, 2013 EXHIBIT "C" MILESTONE SCHEDULE WDOLINGEM1070823.1 -1- 101712- 04706083 KROEGER RESIDENTIAL SUbJIVISION INITIAL STUDY PROPOSAL (REVISED) Task 5 Prepare Public Review Initial Study /Negative Declaration/ Noticing /Mitigation Monitoring Program ■ Prepare the public review initial study, negative declaration, and mitigation monitoring programs and provide forty-five (45) hard copies to the City for public distribution, and fifteen (15) CDs to file with the State Clearinghouse ■ Prepare a final notice of intent for the City to file with the county clerk and notice of completion for the City to file with the State Clearinghouse, if applicable ■ Provide documents in electronic format The City will distribute all documents and notices. Task 6 Response to Comments /Final Negative Declaration ■ Prepare a draft response to comments and final negative declaration, if necessary, for review and approval by the City. One electronic proof copy will be provided. Upon receipt of the City's comments, our firm will prepare the final response to comments for incorporation into the staff report and use by the decision - makers. Twenty-five (25) hard copies will be forwarded to the City. ■ Provide documents in electronic format Optional Task ■ Meetings /Public Hearings. EMC Planning Group will attend meetings and public hearings at the request of City staff. Costs are included as options on the attached cost spreadsheet. 4.0 BUDGET AND SCHEDULE A budget is presented on the following page. The proposed schedule follows: Prepare draft documents 6 weeks City staff review 3 weeks Prepare public review documents 1 week Public Review 4 weeks Response to Comments 2 weeks Total Weeks 16 weeks EMC PLANNING GROUP INC. 4 EXHIBIT "D" PAYMENT SCHEDULE 1 M D O L I N G E R11070823.1 101712 - 04706083 000000 o uiLOo0oLo4 ) I, nvvraov cry r ao oa! co I'- m r. W ^3 V> EA 0 U `6964 64 69 w ".;0 0 00 00 ;O LR O Ml r co N Lo 46 : N C r O 0 O 0 N 0 O 0 0 O 4 0 4 0 O O O O c L r O Lo O W9 � Q C O U 7 0 O d 0 g In 0 0 0 0 0 0 0 C o 0 O 0 O O co O O O r O_ N Ei9 U L � m N_O 0 0 O 0 f0 0 0 fD f0ON 0 0 O Oq O O N M O Lo 069 00 r � a� m U O N /\ N Q O o 0 0 0 0 0 0 M 0 Cl 0 0 0 O M Cl o Ny Lo Lvi O N cn 0 d' W O O N 00 CL co io 0 O m 7 2 6 O a Vy C c � 0 0 M 0 r 0 0 N 0 O 0 r 0 0 Lo _ Lc; j (Q 70 O V_ � d U N U c a C9 r .2 W i n N .> Q z m � V/ w ( c LL N _ N � N +� N U N � o E E C 7 Q O (D 0 O LL m > N ai ai O O > U O O U N Q C O Q U O`. C Q O L N 0 0 0 o 0 N � ELmQa� N` N d N N Y ca cm�mmm QA) iam p L N � rn c m ��Qddd m io m= N ri 4 ui cC 7 H 7 H A CORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 07/11/2013 PRODUCER (831) 624 -1234 FAX (831)624 -4605 TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Carmel Insurance Agency, Inc. POLICY EXPIRATION DATE M /DD/YYYY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AUTHORIZED REPRESENTATIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Carlos 2 NW of 8th 03/15/2013 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6117 $ 2,000,0 Carmel, CA 93921 -6117 INSURERS AFFORDING COVERAGE NAIC # INSURED E M C Planning Group, Inc. $ 1 , 000, OfVj INSURERA: AMCO Insurance Company. $ 5'0 301 Lighthouse Avenue, Suite C INSURERB: Nationwide Mutual Monterey, CA 93940 INSURER C: $ 2,000,0 INSURER D: $ 4,000,0 I INSURER E: COVERAGES 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DEYL INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M /DD/YYYY POLICY EXPIRATION DATE M /DD/YYYY LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY ACP7824920791 03/15/2013 03/15/2014 EACH OCCURRENCE $ 2,000,0 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PREMISES Ea occurrence $ 1 , 000, OfVj MED EXP (Any one person) $ 5'0 A PERSONAL BADVINJURY $ 2,000,0 GENERAL AGGREGATE $ 4,000,0 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 4,000,0 X POLICY 7 PRO JECT LOC AUTOMOBILE LIABILITY X ANYAUTO ACP7824920791 03/1542013 03/15/2014 COMBINED SINGLE U MIT (Ea accident) $ 1,000,0 BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EI CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER/EXECUTIVE1I OFFICER /MEMBER EXCLUDED? - TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY U MIT 1 $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Kroeger Residential Subdivision and Silveira Residential Subdivision ubject to a Signed, Written Agreement: he City of Gilroy, its officers and employees are named as Additional Insured under the General iability & Auto Liability. 10 Day Notice of Cancellation Applies for Non - Payment of Premium. ttached Endorsements P96003 04/11 & CA2048 02/99. ry�:trl�rw�r�a•��.»: •L\aAdIIer III r id Auumu zo tzUUU1U I) V 1ytN3 -ZUUB AL:UHU GUHF'UHA I IUN. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Gilroy DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Planning D i vi son NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Melissa Durkin IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7351 Rosanna Street REPRESENTATIVES. Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE Matthew Little, CIC/MWr nc✓�% lam« Auumu zo tzUUU1U I) V 1ytN3 -ZUUB AL:UHU GUHF'UHA I IUN. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 fgOnwnil D CERTIFICATE OF LIABILITY INSURANCE ACORD ATE (MM /DD/ Y) D06/28/2013 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR PRODUCER (831) 624 -1234 FAX (831)624 -4605 TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Carmel Insurance Agency, Inc. POLICY EXPIRATION DATE M /DD/YYYY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AUTHORIZED REPRESENTATIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Carlos 2nd NW 8th ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6117 $ DAMAGE I PREMISES Ea occurrence $ Carmel, CA 93921 -6117 INSURERS AFFORDING COVERAGE NAIC # INSURED E M C Planning Group, Inc. INSURER A: Republic Indemnity 301 Lighthouse Avenue INSURER B: Suite C $ INSURER C: $ Monterey, CA 93940 INSURER D: I INSURER E: COVERAGES 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDT INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M /DD /YYYY POLICY EXPIRATION DATE M /DD/YYYY LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE I PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR MED EXP (Any one person) $ PERSONAL &ADVINJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY I W URY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EI CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER /MEMBER/ EXCLUDED? ECUTIV (Mandatory in NH) 18205503 07/10/2013 07/10/2014 X TORY LIMITS ER E.L. EACH ACCIDENT $ IL, 000, 0 E.L. DISEASE - EA EMPLOYEEI $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT I $ 1 ,000 , 0 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 0 Days Notice of Cancellation Applies for non payment of premium :�•lUa: •LI.L•l �_vrI01 ACORU 25 (ZUU9 /U1) U 1988 -ZUU9 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 EXPIRATION The City of Gilroy DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Planning p i vi son NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Melissa Durkin IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7351 Rosanna Street REPRESENTATIVES. Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE Matthew Little, CIC /AAL ACORU 25 (ZUU9 /U1) U 1988 -ZUU9 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) M POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 04/30/2013 PRODUCER (831)624 -1234 FAX (831)624 -4605 TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Carmel Insurance Agency, Inc. POLICY EXPIRATION DATE M /DD/YYYY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AUTHORIZED REPRESENTATIVE `�s1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Carlos 2 NW of 8th ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.Q. Box 6117 $ PREMISES Ea occurrence $ Carmel, CA 93921 -6117 INSURERS AFFORDING COVERAGE NAIC # INSURED E M C Planning Group, Inc. INSURERA: Landmark American Insurance Company 301 Lighthouse Avenue, Suite C INSURER B: Monterey, CA 93940 $ INSURER C: $ INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DUL INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M /DD /YYYV POLICY EXPIRATION DATE M /DD/YYYY LIMITS AUTHORIZED REPRESENTATIVE `�s1 GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE F7 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY 7 PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTOONLY: AGO EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F_I CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER/EXECUTIVEu IATU - TORY LIMITS ER E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ SPECIAL PROVISIONS below A E vironmental onsultants LHR820894 05/01/2013 05/01/2014 $1,000,000 per claim $3,000,000 Aggregate Professional Liability $20,000 SIR DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS vidence of Insurance 0 Days Notice of Cancellation Applies for non payment of premium CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/01) U 1988 -2009 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 EXPIRATION The City of Gilroy DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Planning D i vi son NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Melissa Durkin IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7351 Rosanna Street REPRESENTATIVES. Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE `�s1 Matthew Little, CIC/MRT ACORD 25 (2009/01) U 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. EMC Planning Group, Inc. — Policy Number: ACP7824920791 — 3/15/2013 - 3/15/2014 BUSINESSOWNERS PB 60 03 0411 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MUNICIPALITIES OR PUBLIC AGENCY - INSURED PROVIDING PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section Il. WHO IS AN INSURED: The municipality and /or public agency designated in the Schedule of this endorsement is also an insured, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your operations, other than the rendering of or the failure to render professional services, advice of instruction, subject to the following additional exclusion: This insurance, including any duty we have to defend "suits ", does not apply to "bodily injury ", "property damage" or "personal and advertising injury" that arises out of, in whole or in part, or is a result of, in whole or in part, the active or primary negligence of the municipality and /or public agency designated in the Schedule of this endorsement, whether or not such negligence has been assumed by you in a contract or agreement. All terms and conditions of this policy apply unless modified by this endorsement. SCHEDULE Municipality and /or Public Agency: The City of Gilroy, its Officers and Employees 7351 Rosanna Street Gilroy, CA 95n2n -6141 PB 6(l (13 n4 11 Page 1 of 1 EMC Planning Group, Inc. Policy #: ACP7824920791 Policy Term: 3/15/13 to 3/15/14 CA 20 48 (02 -99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): The City of Gilroy (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02 -99)