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HomeMy WebLinkAboutEMC Planning Group - Country Estates Phase IV EIRAGREEMENT FOR SERVICES This AGREEMENT made, this 13th day of August 2013, 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 August 13, .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. 1VPAPP1764446.1 -1- 061708- 04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may-not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "C ". 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 "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 M 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." WPAPM764446.1 -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 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, 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 1VPAPP1764446.1 -3- 061708 - 04706083 (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation; or of a material change in policy terms'. E. Assignment Notwithstanding any other provision of this Agreement, neither this. Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT. shall be responsible for paying all required state and federal' taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf, • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under`this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. 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. 1VPAPP1764446.1 -4- 061708- 04706083 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. 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 terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described, on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance ' of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments, Should CITY fail to pay-CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this 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 WPAPM764446.1 -5- 061708- 04706083 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. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the, terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans'with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims,. demands, damages; costs, causes of action, losses, liabilities, expenses and fees, 'including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C: Attorneys' Fees _ ,If any action at law or in equity, including an action for declaratory relief, is brought to enforce of 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 1VPAPP1764446.1 -6- 061708- 04706083 basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other 'agreements or conversation with any officer, agent or employee of CITY, prior to execution; of this' Agreement shall affect or modify any of the terms or obligations contained in ;J 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 parry 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. WPAPP176444M -%- 061708- 04706083 K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: EMC Planning Group, Inc. By: 61MI Name: jjjcSk*, Social Security or Taxpayer Identification Number 770126607 Approved as to Form (�K� X�W� City Attorney, N4'.W1t)f\ WPAPP1764446.1 -8- 061708- 04706083 CITY: CITY OF GILROY By: QN - -- Name: T n-m-5 ►- Tu l-he r Title: r City Administrator AC-4n 9j 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. 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 j Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT . ,;;i;j may request this determination of completion when, in its opinion, it has completed all of the Service's as required by the-terms of this Agreement and, if so requested, CITY shall make this i 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 EXPENSES 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 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, alt 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 determination. 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. 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 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. 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 s EXHIBIT "B" SCOPE OF SERVICES IVPAPP1764446.1 -1- 061708- 04706083 F C Planning for Success. REVISED PROPOSAL COUNTRY ESTATES PHASE IV EIR ra : ate: of :7 City of Gilroy June 17, 2013 COUNTRY ESTATES PHASE IV EIR Revised Proposal PREPARED FOR Planning Division Manager City of Gilroy Planning Division 7351 Rosanna Street Gilroy, CA 95020 Tel 831.846.0451 PREPARED BY EMC Planning Group Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Tel 831.649.1799 Fax 831.649.8399 wissler@emcplanning. com www.emcplanning.com June 17, 2013 This document was produced on recycled paper. 2 TABLE OF CONTENTS COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL ............. 1 Project Understanding ......................................................... ........ 1 ProjectHistory ................:.............. ............................... ............. 1 ProjectManagement ...................................... ............................... 2 Environmental issues ...... ............................... ......:..................... 2 EIRScope of Work ............... ............. ............................... ...... 6 Budget and Schedule .................................... ............................... 10 Attachments Attachment A Archaeological Consulting Scope of Work Attachment B Hexagon Transportation Consultants Scope of Work EMC PLANNING GROUP INC. COUNTRY ESTATES PHASE, IV EIR REVISED PROPOSAL PROJECT UNDERSTANDING The 153.38 -acre project site is located in the hills north of Hecker Pass and the Gilroy Golf Course within the city limits of Gilroy. The proposed project includes a zone change, planned -unit development, and subdivision. The proposed development includes 70 single - family detached residential lots, 25 single - family clustered -units, 65.88 acres of open space, and associated infrastructure including both public and private streets. The proposed project includes removing 189 trees (mostly oak trees) in order to implement the infrastructure improvements. This number does not include those that may be removed associated with development of individual single - family lots. j' I �I j! PROJECT HISTORY I� The County Estates project began in 1983 as a residential development on 371 acres. Phases I, II, and III have been approved and most of the approved 276 lots have been developed. Phase IV represents the fmal phase of the development, and is consistent with the General Plan land use designation of Hillside Residential.. In October 2000, the City of Gilroy adopted a negative declaration for Phase III. The accompanying initial study evaluated Phase III, as well as a conceptual Phase IV with 94 lots (69, single - family and 25 clustered units). On May 6, 2013, the City of Gilroy received the current tentative map application (TM 13 -05). EMC PLANNING GROUP INC. 1 COUNTRY ESTATES PHASE IV EIR REVISED.PROPOSAL 6 -17 -13 PROJECT MANAGEMENT The EIR would be managed by Teri Wissler Adam, Senior Principal., Andrea Edwards would be assigned as the project biologist. Other team members would assist with preparation of the EIR. Subconsultants include Archaeological Consulting and Hexagon Transportation Consultants. ENVIRONMENTAL ISSUES Aesthetics The proposed project would not be visible from State Route 152, nor would it create a new source of substantial light or glare which would adversely' affect day or nighttime views in the area. These issues will be addressed in the initial study, and will not require further analysis in the EIR. However, the proposed project has the potential to substantially degrade the existing visual character or quality of the project site and its surroundings. This issue will be addressed in the EIR. Air Quality An air quality analysis will be conducted using the Bay Area Air Quality Management District's CEQA Guidelines. The California Emissions Estimator Model (CalEEMod) will be used to' calculate emissions. Biological Resources The following biological tasks are proposed for the approximately 150 -acre project site. It is assumed that a revised tree report, including impact calculations /maps and a proposed tree restoration. and monitoring plan, will be provided by the project applicant for use in completing the biological resource's evaluation. -Task 1 Background Research EMC Planning Group biologists will conduct a background data search to determine special - status biological resources known to occur in the vicinity of the project site. These data will be obtained from the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), the California Native Plant Society Inventory of Rare and'Endangered Plants, the U.S. Fish and Wildlife Service (USFWS) county -wide listed species inventory, the EMC PLANNING GROUP INC. 2 COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL 6 -17 -13 USFWS National Wetlands Inventory database, the U.S. Department of Agriculture soil maps, aerial photographs, and previous biological surveys conducted on the project site and adjacent properties (Country Estates, Lucky Day, etc.). EMC Planning Group biologists will also conduct a project- specific review of the Santa Clara Valley Habitat Plan. The biological resources evaluation, general and focused field surveys, and EIR biological resources section will be prepared in accordance with the Habitat Plan. Task 2 Biological Resources Evaluation 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 /waterways, protected trees, and other significant biological resources to occur on the project site; and (3) identify and map any observed locations of special - status species and /or natural communities. Upon completion ' of the survey effort, a detailed report will be prepared including applicable tables, figures, and appendices. The report will `contain the following sections: Introduction, Regulatory Setting, Methods, Existing Biological Conditions, Special- Status Biological . Resources, Impacts and Mitigation Measures, and References. The biological resources 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, r may be recommended upon consultation with City staff, review of the -Habitat Plan, and/or completion of the biological resources evaluation. Task 3 Special- Status Plant Surveys In order to address the proposed project's potential to impact special - status plant species, EMC Planning Group proposes to conduct focused plant surveys in order to determine the presence or absence of special - status plants on the project site. In accordance with the Habitat Plan including project - specific land cover data, this survey will include four target species: San Francisco eollinsia (Collinsia multicolor), Santa Clara Valley dudleya ( Dudeeya setchelliz), fragrant fritillary (Fritillaria liliacea), and Loma Prieta hoita (Hoita strobilina). Note: If additional special - status plant species afforded protection under the California Environmental Quality Act (CEQA) are found through Tasks 1 and 2 to have potential to occur on the project site, then they EMC PLANNING GROUP INC. 3 COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL 6 -17 -13 will also require focused surveys. Such species are not currently included in this task and therefore would likely require a contract amendment, unless they can be completed concurrently with this task. In compliance with the Habitat Plan, special - status plant surveys will be conducted for these four species during April and June, to cover the survey periods for all four species. Accessible reference populations in the project vicinity will be monitored to determine the optimal survey dates. The focused surveys will be conducted to systematically cover all suitable habitat on the project site. Field notes will be taken during the survey. If any special - status plant species are observed, the location of each occurrence will be mapped and voucher specimens will be collected if appropriate and deposited in a herbarium to ensure the accuracy of the identification. A CDFW plant voucher collecting permit is required for the collection of any state - listed species and the lead botanist will have the appropriate permit. Upon completion of the survey effort, a letter report will be prepared on the survey findings. The letter will include methods and results sections with locations and descriptions of any special - status plant species found. This scope assumes one version of the letter report. Any special- status species observed will be reported to the CNDDB. The letter report of findings would then be incorporated into the biological resources evaluation report and attached to the EIR as an appendix. Additionally, impact avoidance and /or mitigation measure recommendations would be developed in accordance with the Habitat Plan, if applicable. Task 4 EIR Biological Resources Section Based on the Habitat Plan project compliance review and biological resources evaluation, EMC Planning Group will prepare the administrative draft EIR biological resources section, including applicable tables, figures, and appendices. Cultural Resources An archaeological records search will be conducted with the Northwest Information Center to determine if there are any known historic or pre- historic resources on the site or in the vicinity. This scope of work also includes an archaeological survey. Archaeological Consulting would conduct this analysis. Their scope of work is included in Attachment A. Geology & Soils This scope of work assumes that the applicant will submit a geotechnical feasibility report, in accordance with Mitigation Measure 21 in the initial study prepared for Phases III and IV, dated September 2000. This section of the EIR would summarize the findings in the geotechnical feasibility report. EMC PLANNING GROUP INC. 4 COUNTRY ESTATES ..iASE IV EIR REVISED PROPOSAL 6 -17 -13 Greenhouse Gas Emissions This section of the EIR will include an evaluation of the proposed project's greenhouse gas emissions using the California Emissions Estimator Model (CalEEMod) and the unofficial guidance previously provided by the Bay Area Air Quality Management District. Hydrology and Water Quality The proposed project is not anticipated to violate any water quality standards or waste discharge required, substantially deplete groundwater supplies, place housing within a 100 -year flood hazard area, expose people or structures to impacts associated with the failure of a dam, or inundation by seiche, tsunami, or mudflow. These issues will be addressed in the initial study, and will not require further analysis in the EIR. However, the proposed would alter the existing drainage pattern of the project site resulting in erosion or siltation on- or off -site or in a manner that could result in flooding on- or off -site. These issues will be addressed in the EIR. Land Use and Planning This section of the EIR will address the proposed project's potential for conflict with application land use plans, policies, or regulations with jurisdiction over the project that have been adopted for the purpose of avoiding or mitigating an environmental effect. These include the City of Gilroy General Plan, City of Gilroy Zoning Ordinance, and the Santa Clara Valley Habitat Conservation Plan. Public Services This section of the EIR will address the proposed project's effects on the provision of the following public services: fire protection, police protection, schools, and parks. Transportation /Traffic A traffic impact analysis will be conducted by Hexagon Transportation Consultants. The scope of work is included in Attachment B. EMC PLANNING GROUP INC. 5 COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL 6 -17 -13 Other Issues We anticipate that the following issues can be adequately addressed in the initial study: agriculture. resources, hazards and hazardous materials, mineral resources, noise, and population and housing. These issues will not be addressed further in the EIR. As required by CEQA, the .following will also be addressed in the EIR: significant and unavoidable impacts, alternatives to the proposed project, the project's contribution to cumulative project impacts, and significant irreversible changes. EIR SCOPE OF WORK EMC Planning Group ( "Consultant ") proposes to prepare documentation in compliance with CEQA. The scope of work includes the following deliverables: Initial Study and Notice of Preparation; Biological Resource Evaluation and HCP Consistency; Administrative Draft Environmental Impact Report (EIR); Draft EIR, Notice of Completion; Administrative Final EIR; Final EIR with Mitigation Monitoring Program; and CEQA Findings and Statement of Overriding Considerations'. 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 Management 1.1 Project management. 1.2 Provide CEQA consultation and management services for client. EMC PLANNING GROUP INC. 6 COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL 6 -17 -13 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 of Gilroy staff and the applicant's representatives to discuss the project. Issues expected to be addressed include the following: biological resources and consistency with the Santa Clara Valley Habitat Conservation Plan, greenhouse gas emissions, traffic, and schedule. 2.4 Conduct archaeological study and prepare a report. See Attachment A for the scope of work. 2.5 Conduct traffic impact analysis and prepare a report. See Attachment B for the scope of work. Task 3 Biological Resource Evaluation 3.1 Conduct research. 3.2 Conduct rare plant surveys. 3.3 Prepare draft biological resource evaluation and provide one (1) copy for review and comment by City staff. 3.4 Prepare final biological resource evaluation for use in the draft EIR. Detailed scope is presented above in Environmental Issues section. Task 4 Initial Study, Notice of Preparation, and Scoping Meeting 4.1 Prepare a draft initial study to focus the content of the EIR, and a notice of preparation (NOP) for review and approval by City of Gilroy staff. One (1) paper copy and one (1) electronic copy will be provided. 4.2 Obtain comments from City of Gilroy staff. Comments will be incorporated into the public review NOP and initial study. The initial study and NOP will reflect all corrections, additions and deletions required by City of Gilroy staff. 4.3 Provide twenty -five (25) hard copies and twenty -one (21) CDs to the City of Gilroy for public circulation and comment. EMC PLANNING GROUP INC. 7 COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL 6 -17 -13 4.4 Attend 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 NOP. Task 5 . Administrative Draft EIR 5.1 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. 5.2 Correspond with the City of Gilroy, 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. 5.3 Prepare the administrative draft EIR. Mitigation measures will be -prepared in standard City of Gilroy format where available and applicable. 5.4 Print and deliver one (1) paper copy,and one (1) electronic copy to the City of Gilroy for review and comment. City staff.will distribute the administrative draft EIR for review by the appropriate City of Gilroy 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 6 Draft EIR /Notice of Completion 6.1 Revise administrative draft EIR to incorporate City of Gilroy staff comments. 6.2 Print and deliver 25 paper and 27 CD copies of the draft EIR; and 15 copies of CDs and executive summaries for projects requiring State .agency review. The appendices will be included on the back- inside cover in CD format. 6.3 Prepare notice of completion. 6.4 Provide one CD for use by City of Gilroy staff. Task 7 Administrative Final EIR and Mitigation Monitoring Program 7.1 Obtain and evaluate comments received during the public review period. 7.2 . 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 1 EMC PLANNING GROUP INC. 8 COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL 6 -17 -13 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. 7.3 Print and deliver one (1) paper copy and one (1) electronic copy to the City of Gilroy for review and comment. 7.4 Meet with City of Gilroy staff to discuss comments. Task 8 Final EIR and Mitigation Monitoring Program 8.1 Revise administrative final EIR to incorporate City of Gilroy staff comments. 8.2 Prepare 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, and responses to those comments. 8.3 Print and deliver twenty -five (25) paper copies of the final EIR to the City of Gilroy for public circulation and review. 8.4 Provide one CD of the final EIR and mitigation monitoring program. Task 9 CEQA Findings and Statement of Overriding Considerations 9.1 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 of Gilroy, for review by City'; staff and the City attorney. 9.2 Prepare revised environmental findings and statement(s) of overriding considerations. Task 10 Meetings In addition to the kick -off meeting and scoping meeting, two (2) meetings with City of Gilroy staff are included in this scope of work. Optional Tasks ■ Meetings /Public Hearings. The Consultant project manager will attend meetings and public hearings at the request of City of Gilroy staff. Costs are included as options on the attached cost spreadsheet. EMC PLANNING GROUP INC. 9 COUNTRY ESTATES PHASE IV EIR REVISED PROPOSAL 6 -17 -13 BUDGET AND SCHEDULE A not -to- exceed budget and preliminary schedule are presented on the following pages. EMC PLANNING GROUP INC. 10 ATTACHMENT A ARCHAEOLOGICAL CONSULTING SCOPE,OF WORK ARCHAEOLOGICAL CONSULTING P.O. BOX 3377 SALINAS, CA 93912 (831) 422 -4912 Fax (831) 422 -4913 June 5, 2013 Teri Wissler Adam EMC Planning Group Via email: wssler @emcplanning.com Dear Teri: At your request we are providing a proposal to complete a Preliminary Archaeological Reconnaissance report for the 153 Acre Country Estates project located on Hecker Pass Highway in Gilroy, Santa Clara County, California. The cost for this service, based on information provided by you, is estimated to be $2,500.00 for a CEQA level report to be completed in approximately three to four weeks from the date of authorization. Extra charges may be applied if incorrect information results in additional time or extra trips to the property (i.e. gate locked, entry denied, etc.)'. The scope of work includes a background search of the records at the Northwest Information Center for information regarding the location and nature of recorded sites and the scope and findings of previous studies in and around the project area; a field inspection of the project area; and both electronic and hard copies of the report. If you would like us to proceed with the reconnaissance, please sign and ireturn the enclosed authorization form or provide us with your standard contract for execution. 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 may have regarding. this project will be discarded. If you have any questions about this proposal, please contact me. Sincerely, M 449, N44,vt Mary Doane Project Manager ATTACHMENT B HEXAGON TRANSPORTATION CONSULTANTS SCOPE OF WORK r a 7 PRAHN TRANSPORTATION CONSULTANTS, INC. June 13, 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 Country Estates — Phase IV Residential Subdivision in Gilroy, California Dear Ms. Adam: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a Traffic Impact Analysis for the proposed Country Estates — Phase IV Residential Subdivision in Gilroy, California. The project site is located immediately north of the Gilroy Golf Course, within the area bounded by Highway 152 (Hecker Pass Road), Burchell Road, Country Dive, and Mantelli Drive. The project site consists of approximately 152 acres of undeveloped land. The project proposes to subdivide the site into 70 single - family detached lots and 25 single - family detached clustered units, for a total of 95 single family residential units. The project site currently has a zoning designation of RH (residential hillside) and a General Plan designation of hillside residential, which is consistent with the proposed subdivision. 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. Project impacts will be evaluated for the weekday AM and PM peak hours at the following study intersections: 1. Santa Teresa Boulevard and Fitzgerald Avenue 2. Santa Teresa Boulevard and Sunrise Drive 3. Santa Teresa Boulevard and Longmeadow Drive 4. Santa Teresa Boulevard and Mantelli Drive 5. Santa Teresa Boulevard and Welburn Avenue 6. Santa Teresa Boulevard and First Street 7. Burchell Road and SR 152 (Hecker Pass Highway) 8. Monterey Road and Fitzgerald Avenue /Masten Avenue 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 FF-"qq Ms. Teri Wissler Adam June 13, 2013 Page 2 of 7 Additionally, up to six roadway segments in the vicinity of the project site will be evaluated for potential neighborhood traffic issues. It is not anticipated that a freeway analysis would be necessary for this project. However, 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. The key transportation facilities will be evaluated for the following study scenarios: Existing Conditions: Existing traffic volumes. Existing + Project Conditions: Existing + project trips. Background Conditions: Existing + approved developments. Background + Project 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: 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. 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 recent traffic studies and supplemented with new peak -hour manual turning- movement counts at locations where current count data are out of date or unavailable. The fee estimate includes costs for conducting up to ten (10) new peak - period turning movement counts. AM and PM Peak -hour pedestrian volumes also will be collected at intersections where a significant number of pedestrians currently use the intersection. Speed and volume count data also will be collected at up to six roadway segments in the project area for the evaluation of neighborhood traffic issues. 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. 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. 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 PF-4q Ms. Teri Wissler Adam June 13, 2013 Page 3 of 7 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. Evaluation of Existing + Project Conditions. Project - generated traffic will be added to existing traffic volumes to yield traffic volumes under existing + project conditions. Intersection levels of service under existing plus project conditions will be evaluated using the CMP methodology. 8. 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. Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the projects 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. 10. Site Access, On -Site Circulation, and Parking 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. The analysis will focus on the on -site roadway network layout, potential sight - distance problems, and on -site circulation issues. 11. 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. 12. Signal Warrant Analysis. The need for future signalization of the unsignalized study intersection 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. 13. Evaluation of Vehicle Queuing. For selected locations specified by City staff and /or where the project is projected to add a significant amount of turning traffic, the adequacy of existing storage at turn pockets will be assessed by means of comparison with expected maximum vehicle queues. The TRAFFIX analysis software will be used for this purpose. 14. Neighborhood Traffic Analysis. The effects of the project traffic on surrounding neighborhood streets will be evaluated in the traffic study. Hexagon will work with City staff to identify the appropriate methodology for this analysis. The evaluation will be based upon existing traffic volumes and speed data collected using 24 -hour machine counts. The machine counts will be conducted over a 24 -hour period during the midweek. Machine counts will be collected on up to six (6) neighborhood street segments. Count locations will be determined in consultation with the City Traffic Engineer. 15. 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. 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 P` Ms. Teri Wissler Adam June 13, 2013 Page 4 of 7 cumulative without project conditions. Intersection levels of service under cumulative conditions will be evaluated using the CMP methodology. 16. Description of Impacts and Recommendations. Based on the results of the analyses, 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. 17. 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. Comments received on the administrative draft report will be addressed and a final traffic report will be developed. The final traffic report and technical appendices will be submitted both in hardcopy and electronic formats. 18. 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. 19. 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 preliminary draft report will be submitted four weeks after receipt of all data provided or required by the City. The administrative draft and final reports will each be delivered one week after receipt of all respective review comments. We are ready to start work immediately upon authorization. New traffic counts cannot be conducted until Gilroy schools are back in session and traffic patterns have normalized. The earliest traffic counts can be conducted would be the week of September 9, after the Labor Day holiday. COST OF SERVICES The cost for services rendered under this agreement (Work Items 1 through 18), as outlined above, will be billed on a time and expenses basis, not to exceed $17,700, which includes $2,960 in data collection. Work Item 19, "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. /� Ms. Teri Wissler Adam June 13, 2013 Page 5 of 7 u 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. /q Ms. Teri Wissler Adam June 13, 2013 Page 6 of 7 u 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. *vLt.& &I U Gicela Del Rio Senior Associate Jeffrey A. Elia, P.E. Principal P" Ms. Teri Wissler Adam June 13, 2013 Page 7 of 7 u Project Cost Breakdown 6113113 County States - Phase IV Residential Subdivision Gilroy, CA Task Description Staff Hours Task Labor Cost Direct Cost /a/ Total Task Cost 1 Site Reconnaissance 1 $165 $165 2 Observation of Existing Conditions 4 $420 $18 $438 3 Data Collection and Model Coding 4 $420 $2,960 $3,380 4 Evaluation of Existing Conditions 3 $375 $375 5 Evaluation of Background /Approved Conditions 6 $750 $750 6 Site Traffic Projections 5 $585 $585 7 Evaluation of Existing + Project Conditions 4 $480 $480 8 Evaluation of Background + Project Conditions 4 $480 $480 9 Bicycle, Pedestrian, and Transit Facilities 4 $540 $540 10 Site Access, On -Site Circulation, and Parking Analysis 4 $600 $600 11 1 Freeway Capacity Check 2 $270 $270 12 Signal Warrants 2 $270 $270 13 Evaluation of Vehicle Queue 3 $375 $375 14 Neighborhood Traffic Analysis 15 $2,025 $2,025 15 Evaluation of Cumulative Conditions 6 $750 $750 16 Description of Impacts and Recommendations 4 $630 $630 17 Reports 34 $5,040 $42 $5,082 18 Meetings (2) 3 $495 $9 $504 Project Totals 108 $143670 $3,030 $17,700 la/ Direct costs are associated with data collection, document production costs, and mileage. EXHIBIT "C" PAYMENT SCHEDULE WPAPR764446.1 -1- 061708- 04706083 0) _ r N N a e9 O 5 0000000000 0 0 0 0 0 0 0 0 0 0 -..0 0 ooui0000000 m m mP,�ammc m m m v rvqmajP, m v m m ui a rl U) M N CO V' m P� N a V v) N O O U EA io N fA Cl) eg. � r 03. EA Q9. :O U r m F 12 m F0 m N r a O N o m (D V a N m C) m V N N y a 7 N N 7 n 2 2 A R 00 m O V O m -It O O m 00 Lo E � -o o ¢ co 64 c 0 U 7 O O CL O O O O O O N N O o 0 0 V N 0 o o In O ,N f rj UA L l0 O O N O m m m-It O m m 00 O N n O W C[1 N N (p itl U O m i y O N O O O m O LO 0 0 0 0 0 0 m m 0 O O O l0 O O O� m O Q3 •C ' N U) O N O O m 0 0 m It W N O m V r V' m N m 0 O o7 Cm C, CL 6 o m U � V o 0 0 0 o m N a o 0 o v o m o tri r o' o .a C. m ^ v, O C a � cli O V � •V x = C O E o m -.4- v N O �F+ O.. Z V C NEST IL W W in o N c ° �O «� Y c o o a 7� N C 2.0 o "cu a > _- — E LLI 0 rt0+ c0 C N a� U o r) U -6 U 0 4+ o E`c 7d p_ Cl) = N O N O U y W � as z N n W Z m .0 Tin i N y m N E c LL 0 LL = 2 v ro LL > U= — . 1 �` w= W¢ N A ( 'Y •N O O 't:! 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DATE (MM /DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 08/15/2013 TM 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 PRODUCER (831)624 -1234 FAX (831)624 -4605 INSq LTR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Carmel Insurance Agency, Inc. POLICY NUMBER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POLICY EXPIRATION DATE MM /DD /YYY LIMITS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Carlos 2 NW of 8th GENERAL LIABILITY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6117 EACH OCCURRENCE $ 2,000,000 Carmel, CA 93921 -6117 X COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC # INSURED E M C Planning Group, Inc. PREMISES Ea occurrence) INSURERA: AMCO Insurance Company 301 Lighthouse Avenue, _Suite C CLAIMS MADE LK OCCUR INSURERS: Nationwide Mutual Monterey, CA 93940 MED EXP (Any one person) INSURER C: PERSONAL & ADV INJURY $ 2,000,000 A INSURER D: INSURER E: 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. INSq LTR DD' NSR TYPE.OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD /YYY POLICY EXPIRATION DATE MM /DD /YYY LIMITS GENERAL LIABILITY ACP7824920791 03/15/2013 03/15/2014 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 1,000,000 CLAIMS MADE LK 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 PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO ACP7824920791 03/15/2013 03/15/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HI RED 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 F_� CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND, EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER /MEMBER EXCLUDED? WC STATU- OT - TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Country Estates Phase IV EIR ubject to a Signed, Written Agreement: he City of Gilroy, its officers and employees are named as Additional Insured under the General iability & Auto Liability. 10 Day Notice of Cancellation Applies for Non - Payment of Premium. ttached Endorsements PB6003 04/11 & CA2048 02/99. CERTIFICATE HOLDER CANCELLATION The City of_Gilroy Planning Divison Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE Matthew Little, CIC /MRT ©1988 -2009 ACORD CORPORATION. All right 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. ;KU 20 (ZUUUIU7) ATE (MMIDDIYYYY) ACORD,,,, CERTIFICATE OF LIABILITY INSURANCE D06 (MMIDD 13 PRODUCER (831)624 -1234 FAX-(831)624-4605 INSR LTR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Carmel Insurance Agency, Inc." POLICY NUMBER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POLICY EXPIRATION DATE MMIDD LIMITS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Carlos 2nd. NW 8th GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F. ] OCCUR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6117 EACH OCCURRENCE $ - Carmel , CA 93921 -6117 $ INSURERS AFFORDING COVERAGE NAIC # INSURED E M C Planning Group, Inc. $ INSURERA: Republic Indemnity 301 Lighthouse Avenue- $ INSURER B: PRODUCTS - COMP/015 AGG Suite C INSURER C: Monterey, CA 93940 AUTOMOBILE INSURER D: INSURER E: $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH, RESPECT TO WHICH THIS, CERTIFICATE MAYBE 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 BEEWREDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDD LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F. ] OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT ' LOC PRODUCTS - COMP/015 AGG $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE- (Per accident) $ GARAGE LIABILITY ANY AUTO, , I AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: • AGG $ $ EXCESS I UMBRELLA LIABILITY OCCUR a CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE, $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIErOR/PARTNER/EXECUTIVED OFFICER/MEMBER EXCLUDED? (Mandatory in NH) SPdescribe unde EC AL PROVISIONS below 18205503 07/10/2013 07/10/2014 X TORY LIMITS ER E.L EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEd $ 1,000,600: E.L. DISEASE- POLICY LIMIT $ 1-1000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS LO Days Notice of Cancellation Applies for non payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN The City of Gilroy NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Planning Divison Melissa Durkin IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7351 Rosanna Street REPRESENTATIVES. ' Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE Matthew Little, CIC /AAL ACORD 25 (2009101) ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered' marks of ACORD n IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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,,, (MM /DDIYYYI� A CERTIFICATE OF LIABILITY INSURANCE 04/30/2013 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 San Carlos 2 NW of 8th 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 INSURER B: Monterey, CA 93940 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED: NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH-THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM /DDCTIVE POLICY M/DD EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $ PAMAGE To RENTED REM ccun'nCe $ EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY SECT LOC PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS I UMBRELLA LIABILITY OCCUR EI CLAIMS MADE DEDUCTIBLE RETENTION - $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under SPECIAL PROVISIONS below WC STATU- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ A .Professional 3TH;R Environmental onsultants Liability LHR820894 05/01/2013 05/01/2014 $1,000,000 per claim $3,000,000 Aggregate $20,000 SIR DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of Insurance 10 Days Notice of Cancellation Applies for'non payment of premium :RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN The City of Gl Troy NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Planning Divison Melissa Du r'ki n IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7351 Rosanna Street REPRESENTATIVES. Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE Matthew Little, CIC /MRT :ORD 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,. certaim policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded' by the policies listed thereon. EMC Planning Group, Inc. — Policy Number: ACP7824920791 - 3/15/2013 - 3/15/2014 BUSINESSOWNERS PB 60 03 0411 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MUNICIPALITIES OR PUBLIC AGENCY - INSURED PROVIDING PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section II. WHO IS AN INSURED: The muhicipality 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,'subjectto the.following additional exclusion: This insurance, including any duty we have to defend "suits ", does not apply to "bodily injury ", "property damage" or "personal and advertising injury' that arises out of, in whole or in part, or is a result of, in whole or in part, the active or primary negligence of the municipality and /or public agency designated in the Schedule of this endorsement, whether or not such negligence has been assumed by you in a contract or agreement. All terms and conditions of this policy apply unless modified by this endorsement. SCHEDULE Municipality and/or Public Agency: The City of Gilroy, its Officers and Employees 7351 Rosanna Street Gilroy, CA 98020 -6141 PB 60 03 0411 Page 1 of 1 EMC Planning Group, Inc. Policy #: ACP7824920791 Policy Term: 3/15/13 to 3115/14 CA 20 48 (02 -99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM 'With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): The City of Gilroy (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown' in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section If of the Coverage Form.r Copyright, Insurance Services Office, Inc.,. 1998 CA 20 48 (02 =99) ACDRD CERTIFICATE OF LIABILITY INSURANCE I DATE(MM /DD /YYYY) PRODUCER (831)624 -1234 FAX (831)624 - Carmel Insurance Agency, Inc. San Carlos 2 NW of 8th P.O. Box 6117 Carmel, CA 93921 -6117 INSURED E M C Planning Group, Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 COVFRArFR 08/15/2013 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 # INSURERA: AMCO Insurance Company INSURERB: Nationwide Mutual INSURER C: INSURER D: INSURER E: 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 (MMIDDrrffyj LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR ACP7824920791 03/15/2013 03/15/2014 EACH OCCURRENCE $ 21000,000 DAMAGE TO RENTED PREMISES Ea occurrence - -- $ 11000,000 MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC PRODUCTS - COMP /OP AGG $ 4,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS ACP7824920791 03/15/2013 03/15/2014 COMBINED SINGLE LIMIT (Ea accident) $ 11000,00 X B SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ H ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS I UMBRELLA LIABILITY OCCUR F1 CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) S yes, describe under SPECIAL PROVISIONS below OTHER A U- H- TORY LIMITS ER $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Country Estates Phase IV EIR ubject to a Signed, Written Agreement: he City of Gilroy, its officers and employees are named as Additional Insured under the General iability & Auto Liability. 10 Day Notice of Cancellation Applies for Non - Payment of Premium. ttached Endorsements PB6003 04/11 & CA2048 02/99. rFRTIFIrATG L.InI n=D 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. Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE Matthew Little, CIC /MRT ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All riahts reservari Fhe ACORD name and logo are registered marks of ACORD 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 II. WHO IS AN INSURED: The municipality and /or public agency designated in the Schedule of this endorsement is also an insured, but only with respect to liability for "bodily injury', "property damage,, or "personal and advertising injury' caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your operations, other than the rendering of or the failure to render professional services, advice of instruction, subject to the following additional exclusion: This insurance, including any duty we have to defend "suits ", does not apply to "bodily injury ", "property damage" or "personal and advertising injury" that arises out of, in whole or in part, or is a result of, in whole or in part, the active or primary negligence of the municipality and /or public agency designated in the Schedule of this endorsement, whether or not such negligence has been assumed by you in a contract or agreement. All terms and conditions of this policy apply unless modified by this endorsement. SCHEDULE Municipality and/or Public Agency: The City of Gilroy, its Officers and Employees 7351 Rosanna Street Gilroy, CA 95020 -6141 PB 60 03 04 11 Page 1 of 1 EMC Planning Group, Inc. Policy #: ACP7824920791 Policy Term: 3/15/13 to 3/15/14 CA 20 48 (02 -99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): The City of Gilroy (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02 -99)