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HomeMy WebLinkAboutEMC Planning Group - GUSD GPA 05-05AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 15th day of Jam, 2015, 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 Lipbthouse Avenue, Suite C. Monterey, CA 93940. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on July 15, 2015 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. Any lapse in insurance coverage as required by Article 5, Section D of this Agreemen sh terminate this Agreement regardless of any other provision stated herein. Initial 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. 4835- 2267 -0361v1 LAM04706083 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 $32,557.50. 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 CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4835- 2267 -03610 LAC104706083 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 Insurance on a per occurrence basis, 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, 4835 - 2267 -0361v1 _3_ LAC104706083 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective, date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work,, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written 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 via a specific endorsement) 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. 4835 -2267 -0361 v1 _4_ LAM04706083 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. 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 4835- 2267 -0361A _5_ LAC104706083 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 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. 4835 - 2267 -03610 _6_ LAC104706083 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 parry maybe 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. 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 parry, 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. 4835 - 2267 -0361v1 _7_ LAC\04706083 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 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: CITY: EMC Planning Group, Inc. GILROY By: By: Name: Teri Wissler Adam Name: Thomas J.Tia0und Title: Senior Principal Title: City Administrator Social Security or Taxpayer Identification Number 770126607 4835 - 2267 -0361v1 LAC104706083 Approved as to Form j�i ��T—ity Attorney 4835 - 2267- 0361v1 _9 _ LAC104706083 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 Teri Wissler Adam, 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. H. 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, Sue Martin 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 ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835- 2267 -03610 LAC104706083 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 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. 4835 - 2267 -0361v1 LAC104706083 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. 4835 - 2267 -03610 _3_ LAQ04706083 H. NOTICES. Notices are to be sent as follows: CITY: Susan L. Martin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Teri Wissler Adam EMC Planning Group, Inc. 3.01 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.I. 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.I. 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. 4835 - 2267 -0361 v1 LAC104706083 EXHIBIT "B" SCOPE OF SERVICES 4835- 2267 -0361v1 LAC104706083 M C Planning for Success. June 10, 2015 Kristi Abrams, P.E., Community Development Director City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6197 Re: Gilroy Unified School District GPA 05 -05 (SCH# 2006062007) Mitigated Negative Declaration Addendum Proposal (GPA 15 -TBD, Z 15 -TBD, TM 15 -TBD) Dear Kristi: Thank you for requesting a proposal to prepare an addendum to the adopted mitigated negative declaration for the Gilroy Unified School District GPA 05 -05 project (SCH# 2006062007). The currently proposed project consists of a general plan amendment from Medium Density Residential to Low Density Residential, a zone change from Public Facility to R -1 PUD, and a tentative map to subdivide the 9.9 -acre project site into 70 residential lots. History In 2006, the City adopted a mitigated negative declaration and mitigation monitoring program for the general plan amendment, with a future medium - density residential development project up to 165 residential units. The currently- proposed project is 70 residential lots, about 42 percent smaller than the project evaluated in the 2006 mitigated negative declaration. Therefore, it is possible that the adopted mitigated negative declaration would be the appropriate CEQA documentation for the currently- proposed project. The proposed project is required to comply with the adopted mitigation measures, which include conducting an environmental noise assessment for the residential development project, when proposed. City staff and the applicant also thought it would be beneficial to conduct a new traffic impact analysis to determine the actual impacts from the proposed Kristi Abrams City of Gilroy 6/10/15, Page 2 project on the existing transportation system, as opposed to the impacts from a 165 lot project on 2006 conditions. Approach Our approach is to conduct the traffic impact analysis, the environmental noise assessment, and prepare a brief initial study presenting how the change in the project description changes the conclusions of the adopted mitigated negative declaration. At this time, we anticipate that there would be no new impacts, that previously- identified impacts would not be substantially more significant, and that an addendum to the adopted mitigated negative declaration would be appropriate. This will be confirmed upon completion of the analysis. If additional analysis is warranted at that time, a budget amendment would be required. Our proposed scope of work includes the following tasks: 1. Provide project management and consultation; 2. Review all past and current project materials; 3. Prepare the traffic impact analysis (see attached proposal from Hexagon Transportation Consultants); 4. Prepare the environmental noise assessment (see attached proposed from Mingworth & Rodkin); 5. Using the City's initial study checklist, evaluate whether the currently proposed project was adequately evaluated in the adopted MND. Submit the initial study and draft addendum to City staff for review and comment; 6. Finalize the initial study and addendum upon receipt of City comments; and 7. Prepare a mitigation monitoring program that would apply to this project. Attached are a budget, the subconsultant proposals, and the non - collusion affidavit. If you have any questions regarding this proposal, please call me at 831 649 -1799 ext. 203. Thank you for the opportunity to assist you with this project. Kristi Abra»u City of Gilroy 6110115, Page 3 Sincerely, Teri Wissler Adam Senior Principal Eric: Budget, Subconsultant Scopes of Work, and Non- collusion Affidavit NIXAM TRANSPORTATION CONSULTANTS, INC. June 10, 2015 Ms. Teri Wissler Adam EMC Planning Group, Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Subject: Proposal to Prepare an Addendum Traffic Impact Analysis for the Proposed Residential Subdivision on the Former Las Animas School Site in Gilroy, California Dear Ms. Adam: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare an addendum to the Traffic Impact Analysis (TIA) prepared for the proposed residential subdivision on the former Las Animas School site in Gilroy, California. The original TIA was part of the adopted Mitigated Negative Declaration (MND) for the project. The addendum traffic study will evaluate new existing conditions, background conditions (existing plus approved project trips), and background plus project conditions and compare the new results to those reported in the adopted MND. The project site is located on the east side of Wren Avenue between Welburn Avenue and Mantelli Drive. The project site is 9.96 acres and is proposed to be changed to low- density residential. The proposed project includes 70 single - family residential units. The traffic impact analysis will document the impacts to the surrounding transportation system associated with the proposed project. Our proposed scope of services was developed by Hexagon staff based on our understanding of the project and our knowledge of the City's traffic study requirements. The scope must be reviewed and approved by City of Gilroy staff prior to our commencement of the study. The Scope of Services provided below is therefore subject to change. SCOPE OF SERVICES The purpose of the traffic analysis is to satisfy the requirements of the City of Gilroy and the Congestion Management Program (CMP) of the Santa Clara Valley Transportation Authority (VTA). The study will determine the traffic impacts of the proposed project on the key intersections in the vicinity of the site and compare them to previously identified impacts and mitigation measures for the project. Project impacts will be evaluated for the weekday AM and PM peak hours at the following study intersections: 1. Wren Avenue and First Street 2. Wren Avenue and Welburn Avenue 3. Wayland Lane and Welburn Avenue 4. Wren Avenue and Mantelli Drive 5. Wren Avenue and Farrell Avenue This is the same set of intersections that was evaluated in the original TIA. Additional locations will require authorization and additional budget. 8070 Santa Teresa Boulevard, Suite 230 • Gilroy, California 95020 - phone 408.846.7410 • fax 408.846.7418 • www.hextrans.com Ms. Teri Wissler Adam June 10, 2015 Page 2 of 4 u The key transportation facilities will be evaluated for the following study scenarios: Existing Conditions: Existing traffic volumes. Background Conditions: Existing + approved developments. Background + Project Conditions: Existing + approved developments + project trips. The tasks to be included in the analysis are: 1. Site Reconnaissance. The physical characteristics of the site and the surrounding roadway network will be reviewed to identify existing roadway cross - sections, intersection lane configurations, traffic control devices, and surrounding land uses. 2. Observation of Existing Conditions. Existing traffic conditions will be observed in the field in order to identify any operational deficiencies and to confirm the accuracy of calculated levels of service. 3. Data Collection. Existing weekday AM and PM peak -hour traffic volumes will be obtained from existing peak - hour traffic counts at the study intersections and supplemented with new peak -hour manual turning - movement counts at locations where current counts are unavailable. Two of the proposed study intersections will need to be recounted (4 peak - period turning movement counts). Additionally, we will collect supplemental traffic data in the project area to support the traffic analysis. These additional data will not necessarily be used in the traffic study for conducting analyses at specific locations. They will be used primarily for determining existing traffic patterns in the area for developing a trip distribution pattern for project traffic. These data also will be used to assess existing traffic conditions in the area and to identify and evaluate potential neighborhood traffic issues that may be exacerbated by the project. Finally, one of the additional intersection counts will be performed to collect intersection data to respond to potential Caltrans comments that may arise after the traffic study is completed. The additional data collection will consist of peak - period turning movement counts at three intersections (6 peak - period counts) and 24 -hour machine counts (speed and volume) at two locations. Therefore, the fee estimate includes costs for conducting a total of ten (10) new peak - period turning movement counts and two (2) 24 -hour machine speed /volume counts. AM and PM peak -hour pedestrian and bicycle volumes also will be collected at the study intersections. Additional counts will require authorization and additional budget. 4. Evaluation of Existing Conditions. The existing traffic conditions at the key intersections will be evaluated with the Santa Clara County CMP level of service methodology, TRAFFIX, using current peak -hour traffic volumes. S. Evaluation of Background /Approved Conditions. Traffic volumes from approved developments will be added to the existing peak -hour volumes to obtain traffic volumes for background conditions. A list of approved projects (including size, use, and location) will be obtained from the City of Gilroy Planning Division for this task. Additionally, traffic from vacant buildings in the City will be addressed in the background scenario as directed by the City of Gilroy. A list of current vacant buildings in the city will be obtained from the City of Gilroy Building Division. Improvements associated with approved developments will be assumed as directed by the City of Gilroy. Intersection levels of service under background conditions will be evaluated using the CMP methodology. Ms. Teri Wissler Adam June 10, 2015 Page 3 of 4 u 6. Site Traffic Projections. Based on the proposed development size and land use, site - generated traffic will be estimated using the appropriate vehicular trip generation rates published in the latest edition of ITE's Trip Generation. The directional distribution of site - generated traffic will be forecast based on existing travel patterns, relative locations of complementary land uses in the area, and information from previous traffic studies conducted for developments in the area. The site - generated traffic will be added to the roadway network based on the directions of approach and departure discussed above. 7. Evaluation of Background + Project Conditions. Project - generated traffic will be added to background traffic volumes to yield traffic volumes under background + project conditions. Intersection levels of service under project conditions will be evaluated using the CMP methodology. 8. Signal Warrant Analysis. The need for future signalization of the unsignalized study intersections will be evaluated on the basis of the Peak Hour Warrant (Warrant 3— Part B) in the 2012 California Manual on Uniform Traffic Control Devices (CA MUTCD). The warrant will be evaluated using peak -hour volumes for all the study scenarios. 9. Description of Impacts and Recommendations. Based on the results of the analyses, impacts of the site - generated traffic will be identified and compared to the impacts identified in the previously adopted MND for the project. For any new impacts not already identified, recommendations will be formulated that identify the locations and types of improvements or modifications necessary to mitigate significant project impacts. Improvements could include street widenings, lane additions, changes in lane usage, addition of traffic signals, or modifying existing traffic signals. 10. Reports. Our findings and recommendations will be summarized in a draft memorandum report for review by the environmental consultant and /or City Transportation Engineer. Comments received on the draft report will be addressed and a final traffic report will be developed. 11. Response to Public Review Comments. Our scope and fee include up to eight (8) hours of Hexagon staff time for responding to public comments on the environmental document for the project. This task is limited to responding to editorial comments. Conducting new or revised analyses would require additional time and budget. 12. Meetings. Our cost estimate includes Hexagon staff attendance at up to two meetings with City and /or environmental consultant staff in connection with the project. Attendance at additional meetings or at public hearings would require authorization and additional budget. 13. Additional Services. Any work not specifically referenced in the above Scope of Services —for example, analyzing a different project description, conducting additional intersection counts, analyzing additional intersections or scenarios, attending public hearings, and providing engineering drawings or cost estimates for mitigation measures —shall be considered additional services. TIME OF PERFORMANCE Barring any unforeseen delays, the draft report will be submitted six weeks after receipt of all data provided or required by the City. The final report will be delivered one week after receipt of all respective review comments. We are ready to start work immediately upon authorization. Ms. Teri Wissler Adam June 10, 2015 Page 4 of 4 COST OF SERVICES The cost for services rendered under this agreement (Work Items 1 through 12), as outlined above, will be a lump sum amount of $15,800. Work Item 13, "Additional Services ", shall be provided upon authorization and, if requested, will be billed separately. Billing will be conducted monthly, on a percent complete basis. Additional Services shall be provided upon authorization and, if requested, will be billed separately. This price quote is good for 30 days and assumes that all project - related activities will be completed within one year. Extended project schedules will require additional budget for project administration. OPTIONAL TASKS Public Meetings. If invited, Hexagon will attend any public hearings in connection with the project. Hexagon staff attendance at public hearings will be billed as Additional Services at a cost of $600 per meeting. Hexagon will provide these optional services upon receipt of written authorization. We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. * OZ& &I U Gicela Del Rio Senior Associate Jeffrey A. Elia, P.E. Principal 1LUNGWoRTH&RoD ax /V 11111 Acoustics - Air Quality 1111; 1 Willowbrook Court, Suite 120 Petaluma, California 94954 Tel: 707 - 794 -0400 Fax: 707 - 794 -0405 www.illingworthrodkin.com illro@illingworthrodkin.com June 9, 2015 Teri Wissler Adam Senior Principal EMC PLANNING GROUP INC. 301 Lighthouse Avenue, Suite C Monterey, California 93940 VIA E -Mail: wissler(i�emcplanning.com SUBJECT: Wren Avenue - GUSD, Gilroy, CA — Proposal for Acoustical Consulting Services Dear Teri: Thank you for inviting our firm to submit this proposal to prepare the noise assessment for the Wren Avenue residential project proposed in Gilroy, California. The following scope of work and cost estimate is based on our previous experience with projects in the site vicinity and the information you provided. SCOPE OF WORK - NOISE The primary noise - related issues are the compatibility of the proposed project with respect to the guidelines set forth in the General Plan, the potential for permanent increases in noise occurring as a result of project - generated traffic, and temporary noise and vibration generated during construction. The noise study would include the following tasks: Establish existing conditions. The existing noise environment will be quantified through a noise monitoring survey at the project sites and in surrounding areas. Noise levels would be measured over a minimum 24 -hour period at two locations; 1) north property line adjacent to the California National Guard, and 2) southwest portion of the site along Wren Avenue nearest the Las Animas Fire Station. Additional short-term measurements will be made to quantify the variation in noise levels throughout the site and at adjacent noise - sensitive areas. Summarize regulatory requirements. Applicable noise - related plans, policies, and standards would be summarized in the regulatory background section of the report. Teri Wissler Adam June 9, 2015 Page 2 • Establish significance thresholds. We will establish significance thresholds to assess project impacts utilizing the information from the regulatory background section and other appropriate speech, sleep, and activity interference thresholds. Assessment of impacts. Noise impacts that could result from construction and operation of the project would be assessed. This analysis would include the calculation of expected construction- related noise and vibration levels, projection of those noise and vibration levels to project property boundaries and sensitive receptor locations, and a comparison to appropriate significance thresholds. Mitigation measures would be recommended to reduce noise and vibration levels as low as feasible. The future noise environment at proposed residential lots would be calculated and compared to the noise and land use compatibility guidelines set forth in the General Plan. If levels exceed those considered normally acceptable for residential land uses, measures to mitigate noise in exterior and interior spaces would be recommended. Other noise - related issues identified during the analysis, such as increased traffic noise in the surrounding community would also be evaluated. If significant noise impacts would result from the operation of the project, mitigation would be recommended. e Deliverables. I &R would prepare a draft noise study report for your review. We estimate that we could complete this scope of work with three weeks of receiving all necessary project information, including but not limited to, plans, project description, construction information, and traffic information. o Optional Task If necessary, 2 Senior Consultant and 2 Staff Consultant hours are budgeted to respond to comments on the draft noise study report. FEE ESTIMATE Our fees are based on the following schedule of hourly rates: Principal $210/hour Senior Consultant $185/hour Staff Consultant $135/hour Technical Support $85/hour Reimbursable travel expenses are billed in addition. Work not included in this cost estimate, such as our attendance at meetings or hearings would be billed in addition at our standard rates plus travel expenses. Attachment A lists our insurance coverage. Teri Wissler Adam June 9, 2015 Page 3 Our fee to prepare this work is as follows: Task Senior Consultant Staff Consultant Expenses Cost $185 /hour $135/hour Prepare Technical Noise Study 12 32 $300 $6,840 Respond to Comments 2 2 -- $640 (Optional) TOTAL 14 34 -- $7,480 including Optional Task 0 0 0 Thank you for the opportunity to submit this proposal. We look forward to working with you again. Sincerely yours, Michael S. Thill Senior Consultant, Principal ILLING WORTH& RODKIN, INC. Teri Wissler Adam June Page 4 2015 Y UXG*VMW& Nr /F / l+ 11111 Acoustics • Air Quality l! 1 Willowbrook Court, Suite 120 Petaluma, California 94954 Tel: 707 - 794 -0400 Fax: 707 - 794 -0405 www.illingworthrodkin.com illro@illingworthrodkin.com ATTACHMENT A HOURLY BILLING RATES Our fees are based on the following schedule of hourly rates: Principal $210/hour Senior Consultant $185 /hour Consultant $155 /hour Staff Consultant $135/hour Technical Support $85/hour ATTACHMENT A INSURANCE COVERAGE GENERAL LIABILITY in the amount of $2,000,000 per occurrence/ $4,000,000 aggregate. WORKERS COMPENSATION covering our own employees in the amount of $1,000,000 per occurrence. AUTO (OWNED & NON OWNED) covering personal injury or death and property damage in the amount of $1,000,000 per claim. PROFESSIONAL LIABILITY in the amount of $1,000,000 per claim and $2,000,000 annual aggregate. Limitation of Liability. To the maximum extent permitted by law, Illingworth & Rodkin, Inc. requests that the Client agrees to limit Illingworth & Rodkin, Inc.'s liability for Client damages to the sum of $250,000 or our fee, whichever is greater. This limitation shall apply regardless of the cause or legal theory asserted. Certificates of insurance will be issued upon request. 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: Title: Senior Principal Date: June 9, 2015 EXHIBIT "C" MILESTONE SCHEDULE 4835- 2267 -0361v1 LAC104706083 EXHIBIT "D" PAYMENT SCHEDULE 4835- 2267 -0361v1 LAC104706063 Gilroy Unified School District GPA 05 -05 MND 70 -lot Subdivision Budget Task EMC Planning Group Inc. Staff Sr. Principal Assistant Planner Graphics Admin /Production Total Hours Total Cost Billing Rate (Per Hour) $205.00 $105.00 $1.05.00 $95.00 1.Mana ement and Consultation 4.0 0.0 0.0 0.0 4:0 $820.00 2. Review Documentation 1.0 2.0 0.0 0.0 3.0 $415.00 3. Prepare Traffic Impact Analysis 1.0 1.0 0.0 0.0 2.0 $310.00 4. Prepare Noise Assessment 1.0 1.0 0.0 0.0 2A $310.00 5. Prepare Draft Initial Study and MND Addendum 1.0 24.0 4.0 2.0 31.0 $3,335.00 6. Prepare Final Initial Study and MND Addendum 1.0 4.0 1.0 1.0 7.0 $825.00 7. Prepare MMP for this Project 1.0 4.0 0.0 1.0 6.0 $720.00 Subtotal Hours 10.0 36.0 5.0 4:0 Total Hourt Total Cost _ Subtotal (Cost) $2,050.00 $3,780.00 $525.001 $380.00 55.0 $6,735.00 Additional Costs Production Costs $100.00 !ravel Costs $45.00 Postal /Deliverables $25.00 Miscellaneous $25.00, Administrative Overhead 10% 1 $19.50 Total 214.50 Subconsultant Fees Hexagon Transportation Consultants $15,800.00 Illin worth & Rodkin $7,480.00 Subconsultant Overhead 10% $2,328.00 Total $2508.00 Total Costsi $32,557.501 OPTIONAL TASKS 1. Attendance at public hearings EMC Planning) $1,100 per hearin 2 Attendance at public hearings (Hexagon) $600 per hearing 3 4 ,�ecoR ®® CERTIFICATE OF LIABILITY INSURANCE DATE ""'Y' 7%21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GERTIF)CATE 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(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Carmel Insurance Agency San Carlos 2 NW of 8th P.O. BOX 6117 Carmel CA 93921 -6117 CONTACT Monique Thanos , CIC PHONE (831) 624 -1234 FAX (831) 626 -4605 E-MDnII .moniquet @carmelinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURIERA412olony Insurance Company _LIMITS INSURED EMC Planning Group, Inc. 301 Lighthouse Avenue Spite C Monterey CA 93940 INSURERS - ationwide Mutual INSURERC: INSURER D: INSURER E $ 3_000,000 INSURER F: $ 50,006 COVERAGES CERTIFICATE NUMBER -GL - Prof- Auto REVISION NUMBER- THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE.OF:INSURANCE ADDL SU POLICY NUMBER POLICY EFF M D POLICY EXP MMIDD _LIMITS Gilroy, CA 95020 GENERAL LIABILITY EACH OCCURRENCE $ 3_000,000 DA E TO RENTff- PRMPSES $ 50,006 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR MPr,302184 /1/2015 /1/2016 MEDEXP Any one person). $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X Aggregate Limits Include Errors & Omissions GENERAL AGGREGATE $ 3,000,000 GE ML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 3,000,000 X POLICY PRO- F LOC DEDUCTIBLE PEROCCURR. $ 10,000 AUTOMOBILE LIABILITY EO eBIINEeD SINGLE LIMIT 000 000 11, B g ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS CP3047177663 /1/2015 /1/2016 BODILYINJURY (Par person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per en $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A DRY Lim 1 FIR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L DISEASE . POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Errors & Omissions mPK302184 /1/2015 /1/2016 EACH CLAIM LIMIT 1,000,000 Retroactive Date 8/22/02 DEDUCTIBLE EACH CLAIM 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD tOf, Additional Remarks Schedule, H more space is required) RE: GUSD MD Project, Subject to a Signed, Written Agreement: The City of Gilroy, its officers and employees are named as Additional Insured under the General Liability per attached endorsement EV242 -0312 and under the Auto Liability per attached endorsement CA2048 02/99. 10 Days Notice of Cancellation for Non - Payment of Premium. CERTIFICATE H0LnER rnurFl I ATIrUU AGUKU Z5 (ZUIWU5) INS025 oninmi nt ©1988 -2010 ACORD CORPORATION. All rights reserved. Thu ArnR11 name nnrl Innn aru runia#arurl marlre of Ornpn SHOULD ANY OF THE.ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE _ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. Planning Division AUTHORIZED REPRESENTATIVE Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 M Little, CIC /MRT AGUKU Z5 (ZUIWU5) INS025 oninmi nt ©1988 -2010 ACORD CORPORATION. All rights reserved. Thu ArnR11 name nnrl Innn aru runia#arurl marlre of Ornpn AC Ro® CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDNYYYI 7/8/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the _certificate holder In lieu of such endorsement(s). PRODUCER - Carmel Insurance Agency San Carlos 2 NIP of 8th P.O. Box 6117 Carmel CA 93921 -6117 - CONTACT NAME: - NOI11que Ttlan09, CIC PHONE - (831) 624 -1234 No l: (831) 624 -4605 n�:moniquet @carmelinsurance.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER Republic Indemnity 9999 INSURED EMC Planning Group, Inc. 301. Lighthouse Avenue Suite C Monterey CA 93940 .INSURER B INSURER C: INSURER .D : $ INSURER E : PREMISES Ea occurrence INSURER F: COVERAGES CERTIFICATE NUMBER:15 /16 REVISION NUMBER: THIS IS'TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOLSUBR POLICY NUMBER POLICY EFF MMID POLICY EXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ ' MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F_1 JECOT- LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE. LIMIT Ea acct $ . BODILY INJURY (Per person) $ BODILY INJURY (Peracddent) S PROPERTY DAMAGE Per acddant $ $ UMBRELLA UAB EXCESS LWB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS• LIABILITY YIN ANY PROPRIE ERIEXCLUDEECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA A 18205505 7/10/2015 7/10/2016 X I STEARTUTE I I OETR H- - E.L. EACH ACCIDENT $ 1,000,000 E.L,DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddIdonal Remarks Schedule, may be alrachad ilf- more space te required) 10 Days Notice of Cancellation Applies for non payment of premium L11 x:4112 Lsf_\ 1:4 The City of.Gilroy Planning Divison Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Little, CIC /AAL reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025lgmamt EMC Planning Group, Inc. Policy #: ACP3047177663 Policy Term: 5/01/15 to 5/01/16 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, its officers and employees. (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 11 of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02 -99) EMC PLANNING GROUP, INC. Policy #EPK302184 5/1/15 - 5/1/16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Ions: Where Required By Written Contract Where Required By Written Conrad lnfonmali n required to complete this Schedule, if not shown above, witi be shown in the Declarations. A. Section 111 — Who Is An Insured within the Common Policy Provisions is amended to include as an additional insured the person(s) or organiration(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property , damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your ads or omissions; or 2. The ads or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) desig- nated above. ' B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily injury'° or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the kx;ation of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subconractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EV242 -0312 includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission.