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HomeMy WebLinkAboutEMC Planning Group - 2013 AgreementAGREEMENT FOR SERVICES 0 00 This AGREEMENT made this 26th day of February, 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 February 26, 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" ( "Payment Schedule ") and Exhibit "D" ( "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. 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 "C ". S. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "C ". 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 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." IVPAPP1764446.1 -2- 061708- 04706083 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 To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved by CITY 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 reasonable attorneys' fees, to the extent arising caused by any negligent or malicious 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, 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. WPAPP1764446.1 -3- 061708-04706083 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. 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. IVPAPP1764446.1 -4- 061708- 04706083 S. 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 tenninate 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 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, except for a termination due to CITY's default, shall act in such a manner as to facilitate the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. WPAPPV64446.1 -5- 061708- 04706083 ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the tenns 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. 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. WPAPP1764446.1 -6- 061708- 04706083 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 perfonnance 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 This Agreement will be governed by and construed in accordance with the laws of the State of 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. 1VPAPP1764446.1 -%- 061708- 04706083 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: Act, Name: Title: Social Security or Taxpayer Identification Number 11101 a(0(00 Approved as to Form c A�- Attorney i�Qr WPAPP1764446.1 —$- 061708- 04706083 CITY: CIT F GILROY By: Name: Thomas J. Hilgilund Title: City Administrator El ty Clerk ESN, 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 Sally Rideout, 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 I ( "Notices ") of this Agreement. 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 "D ". IV. PAYMENT OF FEES AND DIRECT EXPENSE Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. WPAPP1764446.1 -1- 061708- 04706083 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 confonnance 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 WPAPP1764446.1 -2- 061708- 04706083 within five (5) business days after CITY's request at the CITY's offices or another location acceptable to CITY in its sole detennination. 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 perfonnance 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. IVPAPP1764446.1 -3- 061708-04706083 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.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. WPAPP1764446.1 -4- 061708- 04706083 EXHIBIT "B" SCOPE OF SERVICES 1VPAPP1764446.1 -1- 061708- 04706083 1,N PROPOSAL WREN INVESTORS USA AMENDMENT E IR (Revised) PREPARED FOR City of Gilroy January 4, 2013 WREN INVESTORS USA AMENDMENT E IR Revised Proposal PREPARED FOR City of Gilroy Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 Tel 408.846.0451 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. co m www.emcplanning.com January 4, 2013 This document was produced on recycled paper. TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING ............. ............................... 1 1.1 Proposed Project .................................. ............................... 1 1.2 History ................................................ ............................... 2 2.0 EIR SCOPE OF WORK ...................... ............................... 3 2.1 Approach .............................................. ..............................3 2.2 Environmental Issues ............................ ............................... 3 2.3 Deliverables ......................................... ............................... 7 3.0 LAFCO DOCUMENTATION SCOPE OF WORK .................. 11 3.1 Vacant Land Inventory ........................ ............................... 11 3.2 Plan for Providing Services .................. ............................... 13 3.3 Fiscal Impact Analysis ........................ ............................... 14 3.4 Mapping ............................................ ............................... 15 4.0 NOT -TO- EXCEED BUDGET ............. ............................... 16 5.0 PRELIMINARY SCHEDULE .............. ............................... 18 Attachments Attachment A Attachment B Attachment C Attachment D Attachment E Cultural Resources Scope of Work Hydrological Report Scope of Work Traffic Study Scope of Work Fiscal Impact Analysis Scope of Work Non - collusion Affidavit EMC PLANNING GROUP INC. 1.0 PROJECT UNDERSTANDING 1.1 PROPOSED PROJECT The proposed project is an urban service area (USA) amendment. No development applications have been received at this time. The 49.23 -acre project site is made up of 13 parcels located north of Mantelli Drive at the existing city limit and USA boundary, south of Vickery Avenue, east of Kern Avenue, and west of Wren Avenue. The City of Gilroy General Plan Land Use Designation for the property is Neighborhood District. Proposed development of the property is summarized in the following table. Land Use; Acreage_ Units /Square Footage Residential — Low Density 21.51 137 lots (6.4 units /acre) Residential — Medium Density (Duets) 2.22 20 lots (9.0 units /acre) Residential — High Density (Townhomes /Apts) 9.93 102 units (10.3 units /acre) Subtotal Residential 33.66 259 residential units Streets 11.87 Drainage Parcels (SCVWD) 3.30 Neighborhood Commercial 0.40 Square footage T.B.D. Total Acreage 49.23 EMC PLANNING GROUP INC. 1 WREN INVESTORS USA AMENDMENT EIR 1.2 HISTORY PROPOSAL In 2000, the applicant applied for the similar, but smaller in area, USA amendment. A draft EIR (SCH 2001112070) was prepared in 2002 but was never certified by the City of Gilroy. The application was not submitted to LAFCO. In 2009, a new, supplemental EIR to the 2002 General Plan EIR was prepared for the proposed urban service area amendment, which included more parcels than were included in the 2000 application. That document was also never certified by the City of Gilroy. The City Council's direction was to develop a more - detailed project description and evaluate it in a new EIR. The applicant submitted a new application in July 2012. EMC PLANNING GROUP INC. 2 2.0 EIR SCOPE OF WORK 2.1 APPROACH The EIR will evaluate the USA amendment request and the level of development that is preliminarily proposed for the property. CEQA Guidelines section 15146 states that, "The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR." Although no specific development is currently proposed, the applicant did submit a concept plan for how the property could be developed. To the extent feasible, we will utilize information contained in previously - prepared environmental documentation for the project site. New analysis will be prepared where appropriate. The scope of work for the analysis in the EIR is as follows. 2.2 ENVIRONMENTAL ISSUES Agricultural Resources The 2009 EIR included a thorough analysis of the loss of important farmland. This analysis will be updated, as may be necessary based upon new or updated information, but generally, the analysis should be sufficient for this EIR Air Quality The proposed project will be evaluated using Bay Area Air Quality Management District (BAAQMD) guidelines for addressing air quality impacts. Both construction and operational impacts will be addressed. EMC PLANNING GROUP INC. 3 WREN INVESTORS USA AMENDMENT EIR Biological Resources PROPOSAL EMC Planning Group biologists 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 Inventory of Rare and Endangered Plants (California Native Plant Society 2012), the California Department of Fish and Game (CDFG) California Natural Diversity Database (CNDDB), the U.S. Fish and Wildlife Service ( USFWS) county-wide listed species inventory, the USFWS National Wetlands Inventory database (if appropriate), U.S. Department of Agriculture soil maps, and aerial photographs. EMC Planning Group biologists will also conduct a detailed review of the August 2012 Final Santa Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan (HCP /NCCP). The EIR biological resources section will be prepared in accordance with the HCP policies. EMC Planning Group biologists will perform a reconnaissance -level field survey of the project site in order to (1) identify and map the principal plant communities, (2) assess the potential for special - status species and their habitats, wildlife movement corridors, potential jurisdictional wetlands, protected trees, and other significant biological resources to occur in the project area, and (3) identify and map any observed locations of special - status species and /or habitats. Upon completion of the survey effort, this section of the EIR will be prepared including applicable tables, figures, and appendices. The section will contain the following information: Introduction, Regulatory Setting, Methods, Existing Biological Conditions, Special - Status Biological Resources, Impacts and Mitigation Measures, and References. The evaluation is intended as an analysis of special - status species habitats and /or plant communities found on the site for the purposes of evaluating impacts associated with the proposed project. The survey is not intended to and does not meet specific protocol -level focused survey requirements established by regulatory agencies for any particular species. Additional biological survey tasks, such as focused species surveys and /or wetlands delineation, may be recommended upon consultation with City staff, review of the HCP process, and /or completion of the biological resources evaluation. Cultural Resources A preliminary archaeological reconnaissance will be conducted by Archaeological Consulting for the project site and the results will be summarized in this section of the EIR. The scope of work is included in Attachment A. EMC PLANNING GROUP INC. 4 WREN INVESTORS USA AMENDMENT EIR Geology and Soils PROPOSAL The General Plan and General Plan EIR, as well as other existing documentation addressing geology and soils issues on the project site and vicinity will be utilized for this section of the EIR. The following issues will be addressed: earthquake faults, seismic ground shaking, ground failure, landslides, soil erosion, and expansive soils. Greenhouse Gas Emissions The 2009 EIR included a thorough analysis of the proposed project's impacts on global climate change. This analysis will be updated to reflect the modifications to the project description and the current regulatory conditions (BAAQMD thresholds and scientific data and the City's Climate Action Plan Interim Guidelines). Hydrology and Water Quality Portions of the project site are located in FEMA Area D, defined as an area in which flood hazards are undetermined, but possible. A preliminary hydrological letter will be prepared by Schaaf & Wheeler to address potential issues associated with flooding on the property. This section of the EIR will include this discussion. The scope of work is included in Attachment B. Land Use and Planning Applicable City of Gilroy General Plan policies and LAFCO USA amendment and annexation policies were evaluated in the 2009 EIR. This analysis will be revised as necessary based upon the revisions in the project description and new information that may be available. Noise According to the General Plan EIR, on Wren Avenue between Mantelli Drive and Farrell Avenue, the 65 Ldn noise contour is 110 feet from the centerline of Wren Avenue. The 60Ldn noise contour is 220 feet from the centerline. This section of the EIR will address both the construction and operational noise impacts associated with the proposed project. Noise impacts from the project, as well as traffic noise impacts on the project will be evaluated. Public Services and Utilities (Plan for Providing Urban Services) In 2009, a plan for providing services was prepared for the project. This plan will be updated based upon the existing project description and existing conditions (see the LAFCO documentation scope of work presented later in this proposal). The plan will be included as an appendix to the EIR and summarized in this section of the EIR. The plan addresses fire protection, police protection, schools, parks, water, wastewater, and storm drainage. EMC PLANNING GROUP INC. 5 WREN INVESTORS USA AMENDMENT EIR Transportation /Traffic PROPOSAL Hexagon Transportation Consultants, Inc. will prepare a traffic study. Their scope of work is included as Attachment C. The traffic study will be summarized in the EIR. Otherissues The following issues will be addressed in the EIR; however, the proposed project is not expected to result in significant impacts in these issue areas. Aesthetics. Much of the project site is fallow agricultural land and rural residential homes. The project site is surrounded by residential neighborhoods, rural residential homes, and the Antonio Del Buono Elementary School. Based upon the City of Gilroy's thresholds of significance, the proposed project is not expected to result in a significant visual impact. However, this issue will be addressed in the EIR. Hazards and Hazardous Materials. This section of the EIR will address the proposed project possibility to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, or through the reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. This section will also address potential hazards associated with location to schools, airports, and high fire hazard areas. Mineral Resources. According to the City of Gilroy 2020 General Plan EIR, there are no known mineral resources on the site. This will be documented in the EIR. Population and Housing. This section of the EIR will address whether the proposed project would displace a substantial number of existing houses or people, necessitating the construction of replacement housing elsewhere. Cumulative Impacts As allowed by CEQA Guidelines section 15130 (b)(1)(B), the EIR will include a summary of projections contained in the City of Gilroy General Plan to form the cumulative projects scenario; i.e. buildout of the general plan. A summary of the impacts discussed in the general plan EIR will also be presented and will be supplemented by new data, as appropriate. The EIR will include an evaluation and determination as to whether the proposed project's impacts are cumulatively considerable. EMC PLANNING GROUP INC. 6 WREN INVESTORS USA AMENDMENT EIR Growth Inducement PROPOSAL CEQA Guidelines section 15126.2(d) requires an EIR to include a discussion of the growth - inducing impacts of a project. The proposed project is consistent with the Gilroy General Plan and is adjacent to existing urban development to the south and east. The project area is located within the larger planning area designated as Neighborhood District of the City of Gilroy. As such, the project may facilitate growth to the north, but would not be growth inducing beyond what is planned for in the general plan. The EIR will address the proposed project's potential for growth - inducing impacts. Alternatives The proposed project is consistent with the general plan; therefore, the alternatives analysis is proposed to be limited to two alternatives: the no project /no development alternative, and a reduced density alternative or other alternative as determined in consultation with City staff. Significant and Unavoidable Effects Any impacts determined to be significant and unavoidable, as discussed in other sections of the EIR, will be summarized in this section of the EIR. 2.3 DELIVERABLES EMC Planning Group (hereinafter "Consultant ") proposes to prepare documentation in compliance with CEQA. The scope of work includes the following deliverables: ■ Notice of Preparation; ■ Administrative Draft Environmental Impact Report (EIR); ■ Draft EIR, Notice of Completion; ■ Administrative Final EIR; ■ Final EIR with Mitigation Monitoring Program; ■ CEQA Findings and Statement of Overriding Considerations; and ■ Notice of Determination EMC PLANNING GROUP INC. 7 WREN INVESTORS USA AMENDMENT EIR PROPOSAL The EIR will be prepared in a manner that is concise, clear, and easy to read for the general public. The environmental documents will be prepared in accordance with CEQA and the state CEQA guidelines. The scope to be undertaken toward the completion of the environmental review services involves the tasks outlined below. The proposed tasks are presented below. Task 1 Project Initiation /Administration /Management 1.1 Contract management, project team coordination. 1.2 Initiate Subconsultants 1.3 Provide CEQA consultation and management services for client. Task 2 Site Investigation /Research /Kick -off Meeting 2.1 Conduct a site visit to document existing conditions and surrounding land uses. 2.2 Review previous documentation prepared for the project site and vicinity. 2.3 Attend a kick -off meeting with City staff to discuss the scope, the process, and the schedule. Task 3 Notice of Preparation and Scoping Meeting 3.1 Prepare a draft notice of preparation (NOP) for review and approval by City staff. One (1) electronic copy will be provided. 3.2 Obtain comments from City staff. Comments will be incorporated into the final NOP. The NOP will reflect all corrections, additions and deletions required by City staff. 3.3 Provide one (1) electronic copy to the City for printing and public circulation and comment. 3.4 Facilitate a scoping meeting at the City of Gilroy with other interested public agencies and members of the public. The scoping meeting would be held during the 30 -day comment period for the NOR EMC PLANNING GROUP INC. $ WREN INVESTORS USA AMENDMENT EIR Task 4 Administrative Draft EIR PROPOSAL 4.1 Review all responses to the notice of preparation to ensure that all relevant concerns raised are addressed in the administrative draft EIR. Responses to all relevant concerns will be included in the EIR. 4.2 Correspond with the City, as well as responsible, trustee, and other affected agencies to ensure that all potentially significant issues are addressed in the administrative draft EIR. The intent of this coordination is to ensure that responsible, trustee, and affected agencies have the opportunity for input prior to the preparation of the administrative draft EIR. 4.3 Prepare the administrative draft EIR. Mitigation measures will be prepared in standard City format where available and applicable. 4.4 Print and deliver one (1) paper copy and one (1) electronic copy to the City for review and comment. The electronic version will be in Word format for editing purposes. City staff will distribute the administrative draft EIR for review by the appropriate City departments and will coordinate preparation of the City's comments. A comprehensive set of the comments will be sent to the consultant identifying specific revisions required prior to the public circulation and review of the draft EIR. Task 5 Draft EIR /Notice of Completion 5.1 Revise administrative draft EIR to incorporate City staff comments. 5.2 Print and deliver twenty-five (25) paper copies and twenty-seven (27) CDs to the City for public circulation and review. Fifteen (15) additional copies will be in CD format (with 15 print copies of the summary) for submission to the State Clearinghouse. For the paper copies, the appendices will be included on the back - inside cover on a CD. 5.3 Prepare notice of completion. 5.4 Provide one CD for use by City staff. Task 6 Administrative Final EIR and Mitigation Monitoring Program 6.1 Obtain and evaluate comments received during the public review period. 6.2 Prepare administrative final EIR as a separate document (from the draft EIR) including a revised summary section, a list of all agencies and individuals commenting on the draft EIR, comments received during the public review period for the draft EIR, responses to those comments, changes to the draft EIR, and a mitigation monitoring program. EMC PLANNING GROUP INC. 9 WREN INVESTORS USA AMENDMENT EIR PROPOSAL 6.3 Print and deliver one (1) paper copy and one (1) electronic copy to the City for review and comment. The electronic version will be in Word format for editing purposes. City staff will distribute the administrative final EIR for review by the appropriate City departments and will coordinate preparation of the City's comments. A comprehensive set of the comments will be sent to the consultant identifying specific revisions required prior to the preparation of the final EIR. 6.4 Meet with City staff to discuss comments. Task 7 Final EIR and Mitigation Monitoring Program 7.1 Prepare the final EIR, incorporating City staff comments on administrative final EIR. 7.2 Print and deliver twenty-five (25) paper copies to the City for circulation to agencies commenting on the draft EIR and for use by the City in consideration of the proposed project. 7.3 Provide one CD of the final EIR and mitigation monitoring program. Task 8 CEQA Findings and Statement of Overriding Considerations 8.1 Prepare the draft environmental findings and statement(s) of overriding considerations as required by CEQA Guidelines section 15091 (Findings), and 15093 (Statement of Overriding Consideration), in the format used by the City, for review by City staff and the City attorney. 8.2 Prepare revised environmental findings and statement(s) of overriding considerations. Task 9 Meetings In addition to the kick -off meeting, the scoping meeting, and the meeting to discussion on the draft EIR, two (2) meetings with City staff and other agencies are included in this scope of work. Optional Tasks ■ Meetings /Public Hearings. Project managers with EMC Planning Group and Hexagon Transportation Consultants will attend meetings and public hearings at the request of City staff. Costs are included as options on the attached cost spreadsheet. EMC PLANNING GROUP INC. 10 3.0 LAFCO DOCUMENTATION SCOPE OF WORK The Santa Clara County Local Agency Formation Commission (LAFCO) requires a variety of studies /documentation to be submitted with the USA application. These studies include a vacant land inventory, a plan for providing urban services, a fiscal impact analysis, and mapping. 3.1 VACANT LAND INVENTORY Task Understanding The City of Gilroy will be considering a proposed expansion of its USA. Expansion of the USA requires the approval of LAFCO. LAFCO requires the City to prepare a vacant land inventory as part of the USA expansion application. The vacant land inventory assesses the need for the USA expansion by comparing the land use designations within the proposed expansion to the current availability of land with the same designations already within the USA. An inadequate supply of suitably- designated land favors LAFCO approval of a proposed USA expansion. The proposed expansions include land with the Gilroy General Plan land use designations Residential Neighborhood District. Approach The vacant land inventory will study the availability of land within this land use designation. The vacant land analysis will compare the typical annual demand for land within each designation with the amount of such land currently within the USA and available for development. For land with uses that see regular rates of development from year to year (such as EMC PLANNING GROUP INC. 11 WREN INVESTORS USA AMENDMENT EIR PROPOSAL residential or commercial), the vacant land inventory provides a reasonable picture of remaining land available for development. Task 1 Collect Resources and Prepare Base Maps Acquire project resources including electronic files and other relevant information. The mapping used in the 2009 Vacant Land Inventory will be used and updated. Delineate the areas within the urban service area that hold the appropriate land use designations. Task 2 Vacant Land Inventory Establish assumptions for the definition of vacant land, and an applicable date for the survey. For each subject land use designation, analyze aerial photographs in conjunction with knowledge of the City's development patterns, to identify those parcels that might be vacant or underutilized. Conduct field work to confirm the status of those parcels identified in the aerial photograph analysis as potentially vacant. Prepare a draft map and table summarizing the existing vacant land within the urban service area. Solicit input from City staff as to any parcels that are physically vacant, but for which a valid development approval is in effect. Solicit input from staff regarding parcels that are considered under - developed and available for development or re- development. Based on staff input, finalize the map and table of existing vacant land for each subject land use designation. The table will include the approximate acreage of each vacant parcel. Task 3 Estimate Vacant Land Supply In concert with City staff, develop appropriate annual absorption rates for the Residential Neighborhood District land use designation. The absorption rate will typically consider a five- year history, unless circumstances dictate a different approach that would result in a more accurate or more suitable number. Due to the recession over the past five years, a second scenario will also be developed. Quantify the probable duration of the existing supply based on the selected absorption rate options. Task 4 Draft Report Prepare a report, including tables that summarize quantitative date and maps, to discuss the methods used in the inventory, and to report findings of the study. Provide one (1) electronic PDF and one (1) electronic Word version to staff for review and comment. EMC PLANNING GROUP INC. 12 WREN INVESTORS USA AMENDMENT EIR Task 5 Final Report PROPOSAL Based on staff comments on the draft report, prepare a final report for use in the LAFCO application. Provide thirty-five (35) printed copies and one (1) CD. 3.2 PLAN FOR PROVIDING SERVICES Task Understanding and Approach A plan for providing services is a requirement of LAFCO approval of the USA amendment request. The contents of the plan for providing services are identified on LAFCO's website in a document dated April 2003. The proposal is consistent with the City's General Plan land use designation; therefore, it is anticipated that the City's existing infrastructure plans, along with the 2009 plan for providing services would be generally sufficient to address the services issues. The 2009 will be updated as appropriate to address the currently proposed USA amendment. A comprehensive plan for providing services will be prepared. The following tasks will be completed: Task 1 Water Supply The proposed project is not large enough to require a formal Water Supply Assessment. However, the Water Supply Assessment prepared for the USA amendments in 2009 will provide the base information regarding water supply for this plan for providing services. In addition, EMC Planning Group will consult with City staff and the applicants' engineers to determine existing and future water infrastructure needs. Task 2 Sewer Service Consult with the following documents, agencies, and individuals to determine the projects' expected wastewater generation, the capacity of the wastewater treatment plant to handle the additional flows, any improvements that would be required, existing sewer infrastructure, and new infrastructure needs: City of Gilroy Sewer System Master Plan (2004), City of Gilroy Engineering Division, South County Regional Wastewater Authority, and the applicants' engineers. EMC PLANNING GROUP INC. 13 WREN INVESTORS USA AMENDMENT EIR Task 3 Storm Drainage PROPOSAL Consult with the following documents, agencies, and individuals to determine the projects' expected storm water runoff, the capacity of the City's existing system to handle the additional runoff, any improvements that would be required, existing storm drainage infrastructure, and new infrastructure needs: City of Gilroy Storm Drainage System Master Plan (2004), City of Gilroy Engineering Division, and the applicants' engineers. Task 4 Police Protection Service Consult with the City of Gilroy Police Department regarding the capacity of the department to serve the proposed projects. Task 5 Fire Protection Service Consult with the City of Gilroy Fire Department regarding the capacity of the department to serve the proposed projects. EMC Planning Group will also consult with the City of Gilroy Fire Services Master Plan (2004). Task 6 Prepare Draft Plan for Services Prepare a draft plan for services and provide two (2) copies for review and comment by City staff. Task 7 Prepare Final Plan for Services Prepare the final plan for services and provide thirty-five (35) hard copies and one (1) CD. 3.3 FISCAL IMPACT ANALYSIS Task Understanding and Approach Applied Development Economics (ADE) will update the 2009 fiscal impact analysis prepared for the previous USA amendment applications. The scope of work for the fiscal impact analysis is included as Attachment D. EMC PLANNING GROUP INC. 14 WREN INVESTORS USA AMENDMENT EIR 3.4 MAPPING PROPOSAL The map we prepared in 2009, along with the maps prepared by the applicant's engineer, should be sufficient for LAFCO's needs. EMC PLANNING GROUP INC. 15 ATTACHMENT A CULTURAL RESOURCES SCOPE OF WORK ARCHAEOLOGICAL CONSULTING P.O. BOX 3377 SALINAS, CA 93912 (831) 422 -4912 Fax (831) 422 -4913 November 16, 2012 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 49 acre Wren Investors project in Gilroy, Santa Clara County, California. The cost for this service, based on information provided by you, is estimated to be $1,500.00 for a report to be completed in approximately three to four weeks from the date of authorization, weather permitting. 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 records search of the files at the Northwest Regional Information Center to determine the locations and distribution of recorded archaeological /cultural resources in and around the project area, and the nature and results of previous archaeological work in or near to the project area; a field inspection of the project area; and paper and electronic copies of the project 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 email a copy of the authorization or contract to expedite commencement of the project. We will invoice you for the project fee upon completion of the report. 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, t4my D Mary Doane Name Company Address Phone Number Date To Archaeological Consulting: Please accept this as permission to conduct a Preliminary Archaeological Reconnaissance for the 49 acre Wren Investors project in Gilroy, Santa Clara County, California. I understand that we will be invoiced in the amount of $1,500.00* upon completion of the report in approximately three to four weeks, weather permitting. I verify that I have the authority to permit access to the properties. Signed: Please note any potential hazards or impediments to access (i.e., locked gates, etc.) below. If there are tenants, it is the owner's responsibility to notify them that we will be entering the property. If we need to notify someone prior to coming to the property, please provide the necessary information. *This fee is based on information provided by the client or a representative. Extra charges may be applied if incorrect information results in additional project time or expenses. ATTACHMENT B HYDROLOGICAL REPORT SCOPE OF WORK lamaa R. Schaaf, PI: [Girl,: R. Whecicr, PG David A. mote, PE Peder C. Jorgenson, PG Charles D. Anderacnn, Pli Daniol J. Schaaf, PI: Ms. Teri Wissler Adam EMC Planning Group 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Dear Ms. Adam: Schaaf � Wheeler CONSULTING CIVIL ENGINEERS Offices 1'171 l lomostoid Road, Suits 235 4an(a chra Say 'm Clara, CA 93050 -5.155 5,111 Frand"co 405 - 2.16 -4S45 Salina:; FAX 40S- 2.16.962 -1 Sauta i:u'ia November 20, 2012 Re: Wren Regulatory Environment Analysis Schaaf & Wheeler is pleased to subnut this proposal to provide an analysis of the current hydrologic and hydraulic regulatory environment as it relates to the Wren project in Gilroy. Our scope of services will include: L Determine which regulations from various governing agencies will apply to the project based on the proposed site layout. 2. List potential issues and general mitigation strategies relating to hydrology and hydraulics for compliance with regulations and mitigation of any impacts. 3. Prepare a letter discussing what is required and what will be designed in future planning stages for submittal to the City. The budget for the proposed scope of services is a flat fee of $2000. Any additional services in excess of the proposed budget would require your approval. If you have any questions, or require additional information, please contact me. Best regards, SCHAAF & WHEELER ANN Charles D. Anderson, PE Principal Authorization ATTACHMENT C TRAFFIC STUDY SCOPE OF WORK ®® HEXAGON TRANSPORTATION CONSULTANTS, INC. January 2, 2013 Ms. Teri Wissler Adam EMC Planning Group, Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Subject: Proposal to Prepare a Traffic Impact Analysis for the Proposed Wren Investors Urban Service Area Amendment Project in Gilroy, California Dear Teri: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a traffic impact analysis for the proposed Wren Investors Urban Services Area Amendment project in Gilroy, California. The project proposes to amend the City's Urban Service Area to include approximately 47 acres of property. The project site is roughly located south of Vickery Avenue between Wren and Kern Avenues. Although there are no formal development applications for the project site at this time, the traffic study will evaluate the preliminary plan submitted by the applicant, which includes 137 low density residential lots, 20 medium - density residential lots, 102 high- density townhome /apartments, and 0.40 acres of neighborhood commercial consistent with the existing General Plan land -use designation on the site (Neighborhood District). The traffic impact analysis will document the impacts to the surrounding transportation system associated with the trips generated by the site. Our proposed scope of services was developed by Hexagon staff based on our understanding of the project, on our knowledge of the City's traffic study requirements. 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 development on the key intersections and freeway segments in the vicinity of the site. Project impacts will be evaluated for the weekday AM and PM peak hours at the following study intersections: 1. Monterey Road and Day Road (one -way stop) 2. Monterey Road and Cohansey Avenue (one -way stop) 3. Monterey Road and Farrell Avenue (signalized) 4. Monterey Road and Ronan Avenue (one -way stop) 5. Wren Avenue and Cohansey Avenue (future intersection) 6. Wren Avenue and Vickery Avenue (all -way stop) 7. Wren Avenue and Farrell Avenue (all -way stop) 8. Wren Avenue and Tatum Avenue (one -way stop) 9. Wren Avenue and Ronan Avenue (two -way stop) 10. Wren Avenue and Mantelli Drive (all -way stop) 11. Wren Avenue and Welburn Avenue (all -way stop) 12. Kern Avenue and Tatum Avenue (two -way stop) 13. Kern Avenue and Ronan Avenue (future intersection) 14. Kern Avenue and Mantelli Drive (all -way stop) 15. Masten Avenue and Monterey Road (signalized) 16. Church Street and Farrell Avenue (all -way stop) Additional locations will require authorization and additional budget. It is not anticipated that a freeway analysis would be necessary for this project. Per CMP guidelines, the traffic study will include an analysis to document the determination that a freeway level of service analysis is not required. Additional budget would be necessary if a freeway level of service analysis is required. 8070 Santa Teresa Boulevard, Suite 230 • Gilroy, California 95020 phone 408.846.7410 • fax 408.846.7418 • www.hextrans.com Mrs. Teri Wissler Adam January 2, 2013 Page 2of5 The key transportation facilities will be evaluated for the following study scenarios: Existing Conditions: Existing traffic volumes. Existing Plus Project Conditions: Existing Conditions + Project Trips Background Conditions: Existing + approved developments. Project + Existing Conditions: Project + Background Conditions: Existing + approved developments + project trips. Cumulative without Project Conditions: Existing + approved developments + proposed developments. Cumulative with Project Conditions: Existing + approved developments + project trips + proposed developments. 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 at the existing study intersections will be obtained, where available, from recent traffic studies conducted in the area. New manual peak -hour turning movement counts will be conducted at intersections where current counts are either outdated or not available. We estimate that new traffic data would be needed at 10 of the study intersections. The fee estimate includes costs for conducting new weekday AM and PM peak - period turning movement counts at 10 intersections (20 peak hour counts). Additional counts will require 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 volumes. 5. Trip Generation Estimates. Based on the project description, site - generated traffic will be estimated using the appropriate vehicular trip generation rates published in the latest edition of ITE's Trip Generation. Hexagon will work with City staff to identify the appropriate land uses for the trip generation analysis. 6. Directions of Approach and Departure. 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. 7. Traffic Assignment. The site - generated traffic will be added to the roadway network based on the directions of approach and departure discussed above. 8. Evaluation of Existing Plus Project Conditions. Project - generated traffic will be added to existing traffic volumes. Intersection levels of service under existing plus project conditions will be evaluated using the TRAFFIX software. Intersection impacts associated with the project will be evaluated relative to existing conditions. 9. 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. Recent traffic studies completed for developments in the area and /or a list of approved projects (including size, use, and location) will be obtained from the City of Gilroy Planning Division for this task. 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. PP'P­® Mrs. Teri Wissler Adam January 2, 2013 Page 3 of 5 10. Evaluation of Project Conditions. Project - generated traffic will be added to background traffic volumes to yield traffic volumes under project conditions. Intersection levels of service under project conditions will be evaluated using the CMP methodology. 11. Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the project's effect on transit service in the area and on bicycle and pedestrian circulation in the study area will be included in the traffic report. Proposed bicycle and pedestrian facilities will be evaluated for consistency with VTA's Livable Community design guidelines. Proposed access points to and from the project site and the planned Lions Creek/Ronan Channel bicycle and pedestrian facility will be described. School pedestrian safety will be reviewed and improvements identified at locations with a significant amount of school pedestrians. 12. Site Access and On -Site Circulation Analysis. A review of the project site plan will be performed to determine if adequate site access and on -site circulation are provided and to identify any access or circulation issues that should be improved. In addition, the review also will recommend the implementation of Complete Street policies wherever possible for all new on -site roadways. 13. Evaluation of Vehicle Queuing. For selected locations specified by City staff, the adequacy of existing storage at turn pockets will be assessed by means of comparison with expected maximum vehicle queues. 14. Evaluation of Cumulative Conditions. Traffic volumes from proposed but not yet approved developments will be added to background conditions peak -hour volumes to obtain traffic volumes for cumulative without project conditions. Recent traffic studies completed for developments in the area and /or a list of proposed projects (including size, use, and location) will be obtained from the City of Gilroy Planning Division for this task. Cumulative plus project conditions will be determined by adding project trips to cumulative without project conditions. Intersection levels of service under cumulative conditions will be evaluated using the CMP methodology. 15. 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 California Manual on Uniform Traffic Control Devices. The warrant will be evaluated using peak -hour volumes for all study scenarios. 16. Freeway Capacity Check. The magnitude of project trips on freeway segments near the site will be determined and compared to the CMP's threshold for determining the need for freeway level of service analysis. The results of this task will be documented in the traffic study. 17. Parking Demand Analysis. The adequacy of proposed parking will be evaluated. The evaluation will determine if the proposed on -site parking supply meets the city's parking code and the extent of off -site parking necessary, if any. On- street parking along the project's frontage on Wren Avenue will be evaluated based on the potential displacement of exiting parking and /or additional on- street parking demand. 18. Description of Impacts and Recommendations. Based on the results of the level of service calculations, impacts of the site - generated traffic will be identified and described. 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. 19. Reports. Our findings and recommendations will be summarized in a preliminary draft report for review by the City Transportation Engineer. Hexagon Transportation Consultants will respond to editorial comments on the preliminary draft and prepare an administrative draft report for review by the environmental consultant and /or City Planning staff. Hexagon will respond to editorial comments on the administrative draft and prepare a final report. The final traffic report and technical appendices will be submitted both in hardcopy and electronic formats. ®� Mrs. Teri Wissler Adam January 2, 2013 Page 4 of 5 20. Meetings. Our cost estimate includes Hexagon staff attendance at two meetings in connection with the project. Attendance at additional meetings or at public hearings would require authorization and additional budget. 21. Additional Services. Any work not specifically referenced in the above Scope of Work —for example analyzing a different project description, conducting additional intersection counts, analyzing additional intersections, analyzing different phases of development, a protracted project schedule, and drawing conceptual plans for mitigation measures— shall be considered additional services. Additional services will require additional budget and additional time. TIME OF PERFORMANCE Barring any unforeseen delays, the preliminary draft report will be submitted to the City Transportation Engineer for review five weeks after: (1) authorization to proceed, (2) Hexagon's work scope is approved by the City, and (3) the City has provided Hexagon with the list of approved and pending development. The administrative draft and final reports will be delivered one week after receipt of all respective review comments. We are ready to start work on this project immediately upon authorization. COST OF SERVICES The cost for services rendered under this agreement will be a lump sum amount of $20,000 for work items 1 through 20, as outlined in our Scope of Services. Billings will be conducted monthly, on a percent complete basis. This price quote is good for 30 days. This price quote assumes all project - related activities will be completed within one year. An extended project schedule will require additional budget for project administration. OPTIONAL TASKS A. 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 $800 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. � 2ZZ Robert Del Rio Vice President and Principal Associate Jeffrey A. Elia, P. E. Vice President and Principal Associate /O''® Mrs. Teri Wissler Adam January 2, 2013 Page 5of5 Project Cost Breakdown 112113 Wren Investors Traffic Impact Analysis Gilroy, CA Task Description Staff Hours Task Labor Cost Direct Cost /a/ Total Task Cost 1 Site Reconnaissance 3 $425 $425 2 Observation of Existing Conditions 4 $460 $9 $469 3 Data Collection and Model Coding 6 $690 $4,000 $4,690 4 Evaluation of Existing Conditions 4 $460 $460 5 Evaluation of Existing Plus Project Conditions 2 $230 $230 6 Evaluation of Background Conditions 7 $885 $885 7 Trip Generation Estimates 1 $115 $115 8 Directions of Approach and Departure 2 $310 $310 9 Traffic Assignment 5 $655 $655 10 Evaluation of Project Conditions 3 $425 $425 11 Bicycle, Pedestrian, and Transit Analysis 2 $230 $230 12 Site Access and On -Site Circulation Analysis 3 $425 $425 13 Vehicle Queuing Analysis 2 $230 $230 14 Evaluation of Cumulative Conditions 8 $1,080 $1,080 15 Peak -Hour Signal Warrant Analysis 2 $230 $230 16 Freeway Capacity Check 2 $230 $230 17 Parking Evaluation 2 $230 $230 18 Description of Impacts and Recommendations 4 $620 $112 $732 19 Reports 40 $7,160 $9 $7,169 20 Meetings (2) 4 $780 $0 $780 Project Totals 106 $15,870 $4,1301 $20,000 /a/ Direct costs are associated with data collection, document production costs, and mileage. ATTACHMENT D FISCAL IMPACT ANALYSIS SCOPE OF WORK City of Gilroy Wren Investors Urban Service Area Amendment ADE Scope of Work ADE prepared the fiscal analysis of the Wren Investors Project submitted back in 2009 and would update that analysis for the current proposed project. The basic structure of the analysis would remain the same but the analysis would use current budget and public services information for both the City of Gilroy and for Santa Clara County. As with the earlier analysis, the report will comply with Santa Clara County LAFCO guidelines for such studies, including the following. 1. The revenue impact to the County of changing the property tax jurisdiction from the County to the City. 2. The direct and indirect service cost impacts to the county of the proposed development on the site. Direct impact are imposed by residential developments that add population which must be provided with certain County services such as criminal justice and health care despite being located in the City of Gilroy. Indirect impacts are generated by non - residential development that may induce population growth with similar impacts. 3. The ability of the City to sustain the fiscal impact of the development on its own services and public facilities. 4. Preparation of a public services plan for the project. Task 1: Update Previous Fiscal Models Based on the concerns outlined above, the study is required to address fiscal impacts both to the County and to the City. As mentioned above, ADE has developed fiscal models for both jurisdictions for prior projects and we would update the models with current budget information for this project. ADE will work with EMC Planning Group to identify the employment and population impacts of the proposed project in order to calculate the public service demands and fiscal impacts on both the City and the County. ADE will estimate the revenue potential of the project based on an analysis of likely development values, household incomes, direct and indirect business spending in the community and the employment that would be generated. Task 2: Draft Report Using the current fiscal impact model for Gilroy and the County, ADE will prepare a report outlining the projected fiscal impact on both jurisdictions both at full buildout and at specific future points in time as appropriate. ADE will prepare a brief analysis of the likely market absorption of the development and will indicate the phasing of costs and revenues in the fiscal analysis. The report will present a public cash flow analysis for the market absorption period for the project. The report will include recommendations for mitigating any fiscal impacts identified in the analysis. Task 3: Final Report Based on comments received from City staff, ADE will revise the draft report as needed and provide a final public draft of the report. Budget Task 1 $2,200 Task 2 $2,660 Task 3 S 840 Subtotal $5,700 Planning Commission or City Council presentations - $1,500 per meeting ATTACHMENT E NON - COLLUSION AFFIDAVIT NON -LOLL USION AFFIDA VIT 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 1 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: P, i'r 01S4e'r A)-0-4" Title: r PY i y)L-4'3 Date: j 20 --1 EXHIBIT "C" PAYMENT SCHEDULE 1VPAPP1764446.1 -1- 061708- 04706083 4.0 NOT -TO- EXCEED BUDGET A not -to- exceed budget is presented on the following page. 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Q c L , C 0 O c c . N E W O Mn O J c 10 � N O c 0 $ Z`om ' Y M th o aE m E 0 o v c m o c 1 13 en a m d o _ Q r zO 4 W _W O O m O > y �u a x U E N N A Q W ❑ d 0 0 c O a s F %J 0 �d C vO ZaUaLW N >UN OL W p ti a .1 iK N OI O C C E E a n O m c m J C p U x J a o 0 a N � � H a c U w N a W S EXHIBIT "D" MILESTONE SCHEDULE IVPAPR764446.1 -1- 061708- 04706083 5.0 PRELIMINARY SCHEDULE A preliminary schedule is presented on the following page. 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San Carlos 2 NW of 8th P.O. Box 6117 Carmel, CA 93921 -6117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED E M C Planning Group, Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 INSURERA: AMCO Insurance Company POLICY EFFECTIVE DATE MM /DD /YYYY INSURERB: Nationwide Mutual LIMITS INSURER c INSURER D: ACP7824920791 INSURER E: 03/15/2014 CCIVFRA(;FS 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 DDT NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD /YYYY POLICY EXPIRATION DATE MM /DD /YYYY LIMITS Gilroy, CA 95020 GENERAL LIABILITY ACP7824920791 03/15/2013 03/15/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE To RE= PREMISES Ea occurrence $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 A GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 4,000,000 X POLICY PREO LOC JCT AUTOMOBILE X LIABILITY ANY AUTO ACP7824920791 03/15/2013 03/15/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 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 $ OTHER THAN 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/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) - - TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Subject to a Signed, Written Agreement: he City of Gilroy, its officers and employees are named as Additional Insured under the General Liability & Auto Liability. 10 Day Notice of Cancellation Applies for Non - Payment of Premium. Attached Endorsements PB6003 04/11 & CA2048 02/99. CFRTIFICATF HAI nFR CANCFLLATIAN ACORD 25 (2009/01) ©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 Di 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. AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 Matthew Little, CIC /MRT ACORD 25 (2009/01) ©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. ACORD 25 (2009101) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 02/26/2013 PRODUCER (831)624 -1234 FAX (831)'624 -4605 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Carmel Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7th & San Carlos ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6117 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 INSURERB: Monterey, CA 93940 INSURER C: INSURER D: INSURER E: rOTGATI :I -?,Tel Xy 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 DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD /YYYY POLICY EXPIRATION DATE MM /DD /YVVV LIMITS Gilroy, CA 95020 GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RFN I F17 PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION - - TORY LIMITS ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEa E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER LHR818411 05/01/2012 05/01/2013 $1,000,000 per claim A �nvironmental onsultants $3,000,000 Aggregate rofessional Liability $20,000 SIR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 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 Di 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. AUTHORIZED REPRESENTATIVE (O C�7- Gilroy, CA 95020 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. 25 EMC Planning Group, Inc. — Policy Number: ACP7824920791 — 3/15/2013 - 3/15/2014 BUSINESSOWNERS PB 60 03 04 11 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 11. 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 & employees 7351 Rosanna Street Gilroy, CA 95020 PB 60 03 04 11 Page 1 of 1 EMC Planning Group, Inc. Policy #: ACP7824920791 Policy Term: 3/15/13 to 3115114 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 & 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 II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02 -99)