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17-025 Raney Planning & Management, Inc., Initial Study Mitigated Negative Declaration Services for Orange Ave Lot Split
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RANEY PLANNING & MANAGEMENT, INC FOR INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SERVICES FOR ORANGE A VENUE LOT SPLIT THIS AGREEMENT, is entered into this fifteenth day of February, 2017 , by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and Raney Planning & Management, Inc., a California Corporation whose address is 1501 Sports Drive, Suite A, Sacramento, CA 95834 (hereinafter referred to as "Consultant") ( collectively referred to as the "Parties"). RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B . Consultant is specially trained , experienced and competent to perform the special services which will be required by this Agreement. C. Consultant possesses the skill , experience, ability, background , certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement to prepare the initial study/mitigated negative declaration for the Orange A venue Lot Split upon the terms and conditions herein . NOW , THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on February 15 , 2017 , and shall terminate on December 31 , 2017, unless terminated earlier as set forth herein . 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service set forth in Exhibit "A" pursuant to the schedule of performance set forth in Exhibit "B ," attached hereto and incorporated herein by this reference . 3 . COMPENSATION TO CONSULTANT Consu ltant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed Eleven Thousand Six Hundred and Eighty- Five dollars ($11 ,685 .00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference. 4 . TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. Page 1 of 10 Consultant contract-updated 2/2015 5. STANDARD OF CARE Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City . 6. INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Agreement is that of independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to , unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes , FICA payments , PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consu ltant. Payments of the above items , if required , are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA) Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal , or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss , damage , liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination , Consultant agrees that it shall not harass or discriminate against a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race , religious creed , color, national origin , ancestry , handicap , disability , marital status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS IZJ Standard Indemnification: Consultant shall , to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance , with respect to all services perfo1med in connection with the Agreement, indemnify, defend , and hold harmless the City and its officers , officials , agents , employees and volunteers from and against any and all liability, Page 2 o f IO Consultant contract-updated 2/2015 claims , actions , causes of action or demands whatsoever against any of them , including any injury to or death of any person or damage to property or other liability of any nature , whether physical , emotional , consequential or otherwise , arising out, pertaining to , or related to the negligent performance of this Agreement b y Consultant or Consultant 's employees , officers , officials , agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice, expert fees and all other costs and fees of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification . The provisions of this Section survive the completion of the Services or termination of this Contract. D Design Professional Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services , and to the extent the Consultant breaches or fails to meet such established standard of care , or is alleged to have breached or failed to meet such standard of care, Consultant shall , to the fullest extent allowed by law , with respect to all services performed in connection with the Agreement, indemnify, defend , and hold harn1less the City and its officers , officials, agents , employees and volunteers from and against any and all liability, claims , actions , causes of action or demands whatsoever against any of them , including any injury to or death of any person or damage to property or other liability of any nature , that arise out of, pertain to , or relate to the negligence, recklessness , or willful misconduct of Consultant or Consultant's employees , officers , officials , agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice , expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall , to the fullest extent allowed by law , with respect to all services performed in connection with the Agreement, indemnify, defend , and hold harmless the City and its officers , officials, agents , employees and volunteers against any and all liability, claims , actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to , or relate to the negligence, recklessness , or willful misconduct of Consultant or Consultant's employees , officers , officials , agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice , expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees . Indemnification under this section for damage to property or other liability of any nature shall include damage caused by 1. Consultant's unauthorized use or dissemination of confidential information , 11. Consultant 's unauthorized access to or use of City or third person 's computer hardware and networks , and 111. Consultant 's introduction of a computer virus, malware or other unauthorized programs to the City or third person 's computer hardware, network, or other computer-related property and the data, Page 3 o f 10 Consultant contract-updated 2/2015 software , and programs thereon , or failure to reasonably protect against such actions. C . Claims involving intellectual property. In addition to the obligations set fo1th in (A) and (B) above, Consultant shall indemnify, defend , and hold the City, its elected and appointed officers , employees , and volunteers , harmless from and against any Claim in which a violation of intellectual property rights , including but not limited to copyright or patent rights , is alleged that arises out of, pertains to , or relates to Consultant 's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City 's choice , expert fees and all other costs and fees of litigation. 10. INSURANCE: A. General Requirements . On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type , amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D". Such certificates , which do not limit Consultant's indemnification , shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail , Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance , Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein , a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance . C. Failure to secure or maintain insurance. If Consultant at any time during the term hereof shou ld fail to secure or maintain the foregoing insurance , City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. Additional Insured. City, its City Council , boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance , required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium , deductible portion of any loss , or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be Page 4 of IO Consultant contract-updated 2/2015 required to contribute anything toward any Joss or expense covered by the insurance provided by this policy. E . Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Furthermore , the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured , whichever is greater. 11. CONFLICT OF INTEREST Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise , that would conflict in any way with the performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if an y conflict arises and understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12 . PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate , or transfer this Agreement, or any interest therein , directly or indirectly, by operation of Jaw or otherwise, without prior written consent of City . Any attempt to do so without said consent shall be null and void , and any assignee , sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale , assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13 . SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained , only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general , automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition , any work or services subcontracted Page 5 of 10 Consultant con t ract -updated 2/2015 hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub- subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. 14 . PERMITS AND LICENSES Consultant, at his /her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits , certificates and licenses including, but not limited to , a City Business License , that may be required in connection with the performance of services hereunder. 15 . REPORTS A. Each and every report, draft , work product, map , record and other document, hereinafter collectively referred to as "Report", reproduced , prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, sha ll be the exclusive property of City . Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as City deems appropriate. C. Consultant shall, at such time and in such form as City may require , furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 16 . RECORDS Consultant shall maintain complete and accurate records with respect to sales , costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services . All such records shall be maintained in accordance with generally accepted Page 6 of 10 Consultant contract -uodated 2/2015 accounting principles and shall be clearly identified and readily accessible . Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times , and gives City the right to examine and audit same , and to make transcripts therefrom as necessary, and to allow inspection of all work , data , documents , proceedings and activities related to this Agreement. Such records , together with supporting documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records , and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls , or other breach of contract or failure to act in good faith , then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17 . NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available . This Section shall take precedence in the event of a _ conflict with any other covenant, term , condition , or provision of this Agreement. 18. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City 's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and recycled/remanufactured toner and ink jet cartridges; • Printing with soy or low volatile organic compounds (VOC) inks; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal 's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 19. NOTICES All notices , demands , requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail , postage prepaid , registered or certified , addressed as hereinafter provided . All notices , demands , requests , or approvals shall be addressed as follows: Page 7 of 10 Consultant contra ct-updated 2/2015 TO CITY: City of Cupertino l 0300 Torre Ave . Cupertino CA 95014 Attention : Gian Martire 20. TERMINATION TO CONSULTANT: Cindy Gnos Raney Planning & Management 1501 Sports Drive, Suite A Sacramento , CA 95834 In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option , at its sole discretion and without cause , of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination , Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause, City may deduct from such payment the amount of actual damage, if any, sustained by City due to Consultant's failure to perform its material obligations under this Agreement. Upon termination , Consultant shall immediately deliver to the City any and all copies of studies , sketches , drawings , computations , and other material or products , whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of City. 21. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. 22. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders , rules , and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara , State of California. 23. ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted, exhibited , displayed any signs , advertising, show bills , lithographs , posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. Page 8 o f JO Consultant cont r act -updated 2/2015 24. WAIVER A waiver by City of any breach of any term , covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant, or condition contained herein , whether of the same or a different character. 25. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties , and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27. INSERTED PROVISIONS Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein , and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS AND TERMS The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Raney Planning & Management ~itle ~~ Date :;2-r~-11 Consultant contract-updated 2/2015 MUNICIPAL CORPORATION :~y2 rt~ Title ~ eJr/ /IG)'Z, Date ill4--/i7 D Over $175,000-Council Approval Required D Over $45,000-Department Hea d Approval Required IZI Up to $45 ,000-De signated Supervisor Approval Required Page 9 of 10 RECOMM Gian Martire · AP~ AS TO FORM: ~ City Attorney ~~ l)'Clerk~ ~ -r 7 Exhibits: (Check box for exhibits that app ly to thi s contract and att ach) IZJ Exhibit "A "-Scope of Services IZJ Exhibit "B"-Schedule of Performance IZJ Exhibit "C"-Compensation IZJ Exhibit "D " -Insurance Requirements and Proof of Insurance EXPENDITURE DISTRIBUTION PO #2017-Account: 100-71-701 700-702 Amount: Total: Page 10 of 10 Consultant contract -updated 2/2015 $11,685.00 $11,685.00 PROPOSAL TO PREPARE AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Orange A venue Lot Split Cupertino, CA December 2, 2016 Submitted to: Gian Paolo Martire Associate Planner 10300 Torre Avenue Cupertino;-EA 95014 Office: (408) 777-3319 Email: gianm@cupertino.org Submitted by: Raney Planning & Management, Inc. 1501 Sports Drive, Suite A Sacramento, CA 95834 Office: (916) 372-6100 Fax: (916) 419-6108 Email: info@raneymanagement.com Contacts: Cindy Gnos, AICP Senior Vice President Nick Pappani Vice President ~-· RANEY I ~ RANEY PLANNlNG &. MANAGEMENT, INC. December 2 , 2016 WWW.RA N EY M ANAGE M ENT.CO M N ORTHE RN CA LIFO RNI A 1501 SFCfff5 DPiVE SACRAMEhJTQ, CA 95834 TEL: 916.372.5100 · FAX: 915.413.6103 Gian Pao lo Martire Associate Planner 10300 Torre Avenue Cupertino, CA 95014 Re: Orange Avenue Lot Split Initial Study/ Mitigated Negative Declaration Dear Mr. Martire: On behalf of Raney, a division of Raney Planning & Management, Inc., I am pleased to submit the following proposal for preparation of an Initial Study/ Mitigated Negative Declaration (IS /MND) for the Orange Avenue Lot Split project in the City of Cupertino . I would like to sincerely thank you for contacting Raney to request a scope of work for the proposed project. My colleagues and I are thrilled to have the opportunity to work with the professional staff at the City of Cupertino . Over the past seventeen years , Raney has completed over 600 CEQA, NEPA, and planning related projects providing us the tools to complete the processes involved , project management and environmental review in both a timely and co st -effici ent manner whil e e nsurin g that the needs and expectations of every client are satisfied . Raney firmly believes that our success is rooted in the high level of coordination and communication between Raney, the City, and the community. Raney intends to work closely with the City of Cupertino throughout the development and processing of the IS/MND. For thi s project, I will serve a s the Project Manager, bringing my knowledge and familiarity with the environmental review process to the table . I will be responsible for the day-to-day coordination of the IS /MND, including coordinating directly with the City staff and sub-consultants. I will be assisted by Senior Vice President, Cindy Gnos , AICP, who will serve as the Project Director responsible for overseeing preparation of the environmental document. Our joint experience allows Raney to provide a highly qualified management team that can maintain continuity and prepare a legally defensible and comprehensive environmental document. Further information regarding our firm 's relevant expertise has been provided in the following proposal. Thank you for the opportunity to submit our proposal for your review and consideration. If you have any questions regarding the scope of work or qualifications, please do not hesitate to contact me. We look forward to the opportunity to work with you. Thank you, ;J~;:,, ' ~ Nick Pappani, Vice President Raney Planning & Management, Inc. npappani @ raneymanagement.com TABLE OF CONTENTS I. Project Understanding 11. Technical Scope of Services TII. Schedule IV. Cost Proposal V. Firm Description VI. Key Personnel Qualifications Appendix A: Resumes Appendix B: Geocon Consultants. Inc. Peer Revie,v Scope of Work /t.._RAN EV 3 6 7 9 10 Exhibit A I. Project Understanding Raney has tailored the following proposal and scope of services to prepare an Initial Study for the Orange A venue Lot Split project (proposed project) in the City of Cupertino, CA . PROJECT OVERVIEW I'n!fect Location/Description The proposed project is located within the Monta Vista Village Specific Plan at I 0206 Orange Avenue in the City of Cupertino , California (APN: 357-18-032). The project site is zoned for Single-Family Residential with a minimum lot size of 7 ,500 square feet (Rl-7.5), with a land use designation of low-density residential in the City of Cupertino General Plan . Surrounding existing land uses include single -family residential to the north , west, and south , and a residential duplex to the east. The project site contains a small single-family home , garage, shed , and an additional building ofunknown use that dates back to the l 940 's. The project applicant is seeking to demolish these on-site structures , subdivide the 12 ,960 square-foot property into two 6 ,000± square-foot lots , and redevelop the site with at least one single-family residential structure pending ministerial approvals. Site Background On October 20 , 2016 , McCloskey Consultants Inc. (MCI) submitted a letter providing preliminary documentation of the soil sampling analysis performed at the proposed project site. It should be noted that the results of the anal y sis indicated arsenic concentration consistent with naturally- occurring concentrations in the South Bay, but lead concentrations exceeding naturally-occurring concentrations and regulatory standards for residential uses of 80 milligrams per kilogram (mg/kg). The lead detected is believed to be the result of lead-based paint that has flaked off the building walls onto the ground and a bum pit used by former occupants. APPROACH Raney proposes to prepare an Initial Study to analyze the potential environmental effects associated with the proposed project. The Initial Study will be prepared using the checklist contained in Appendix G of the CEQA Guidelines and the standard City of Cupertino format. Raney anticipates that the potential impacts will be reduced to a less-than-significant level with the implementation of appropriate and practical mitigation measures; therefore, the appropriate CEQA document will be an Initial Study/Mitigated Negative Declaration (IS /MND). Raney will work closely with City staff in the preparation of the IS /MND and determination of appropriate findings. The IS /MND will provide a discussion of the impacts related to implementation of the proposed project. Raney anticipates that the key issue requiring a more in-depth discussion in the Initial Study will be hazards and hazardous materials . Raney will utilize existing information for the project site and the City of Cupertino to the greatest extent feasible , including the City of Cupertino General Plan and General Plan EIR, and the information and technical reports provided by the applicant team , as well as reports prepared under contract with Raney , for evaluating the potential impacts associated with the proposed project. /c._RAN EV Phase I and lJ Environmental Site Assessment Peer Rei·ie1-1· Raney understands that the applicant has provided a Phase I Environmental Site Assessment (ESA), prepared by Running Moose Environmental Consulting, LLC , and a Phase II sample results letter, prepared by McCJoskey Consultants , for the project site . Raney would like to emphasize that, based upon a preliminary review of the McCJoskey Consultants Jetter , dated October 20 , 2016 , there is a need for supplemental information regarding the soil sampling efforts conducted at the project site . In general, the Jetter lacks details regarding sampling methodology, specific concentration levels of soil contaminants , and applicable regulatory standards . While this information may be included in the technical sheets appended to the Jetter , the letter should provide a concise discussion of these important details for inclusion in the CEQA IS /MND. In addition , based upon preliminary discussion with our proposed peer review consultant, Geocon Consultants , we have concerns regarding the amount of soil samples taken and the depth of samples, as well as the suggested mitigation. Raney requests that the applicant team provide a supplemental Phase II report that addresses these concerns . Raney proposes to sub-contract with Geocon Consultants , Inc. to conduct a technical peer review of the Phase I ESA and Phase II documentation to ensure the reports accurately and adequately addresses any issues on-site . Raney will utilize our extensive experience to professionally manage Geocon Consultants , Inc. to ensure that all of the pertinent environmental issues are addressed and that the technical peer review is produced within budget and on-schedule. Raney firmly believes that the level of coordination between the City and the local citizens is directly proportional to the success of the project. Rane y intends to work closely with the City of Cupertino throughout the development and processing of the Initial Study. Raney assumes that any additional project information needed to facilitate the environmental review of the project will be supplied by the City or applicant team, through the City. Raney will remain objective and rely on the City to make the ultimate determination on the conclusions and mitigation measures. The expectation of Raney is that we will serve as environmental consultants to the City . /t._RA N EV 2 II. Technical Scope of Services The following scope of services identifies the key tasks and deliverables for preparation of the Orange Avenue Lot Split IS/MND. Each task includes an approach and associated work products. TASK I PROJECT INITIATION The objective of this task is to coordinate with City staff and the project team. Senior Vice President Cindy Gnos, AICP , will serve as the Project Director, and Vice President Nick Pappani will serve as the Project Manager. Raney assumes that the IS/MND will find that none of the environmental issues will result in a significant adverse impact. Raney will provide the following deliverables: • Participate in a kick-off meeting with City staff; • Review existing documentation for the project and identify key issues; • Perform a site visit; and • Refine the scope, if necessary, with any revisions for the City to approve. TASK2 PREPARE ADMINJSTRATJVE DRAFT INITIAL STUDY The objective of this task is to prepare an Administrative Draft version of the IS/MND for review by City staff. The IS /MND will be prepared based upon City standards and will address all the issues identified in the Environmental Checklist, per Appendix G of the CEQA Guidelines. Raney anticipates that the key issue area, which may require a more in-depth discussion in the Initial Study, will be Hazards and Hazardous Materials. The following summarizes how Raney proposes to analyze the key issue area: Hazards and Hazardous Materials Section l 5 l 26.2(a) of the CEQA Guidelines states the general rule that an environmental document "shall identify and focus on the significant environmental effects of the proposed project." Among the potential effects that must be analyzed are "any significant environmental effects the project might cause by bringing development and people into the area affected." (State CEQA Guidelines§ I5126.2(a) (emphasis added).) The California Supreme Court addressed these provisions in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal. 4th 369. In that case , an industry association challenged the air district's suggested thresholds for the analysis of impacts of toxic air contaminants on future project residents. The Court accepted review to address: "[u]nder what circumstances, if any, does [CEQA] require an analysis of how existing environmental conditions will impact future residents or users of a proposed project?" (Id. at 3 77.) The Court held that "agencies subject to CEQA generally are not required to analyze the impact of existing environmental conditions on a project's future users or residents." (Ibid (emphasis added).) The Court further explained, however, that the general rule does not apply to effects the project might risk exacerbating. Specifically, it held : [W]hen a proposed project risks exacerbating those environmental hazards or conditions that already exist, an agency must analyze the potential impact of such hazards on future residents or users. In those specific instances, it is the project 's impact on the environment -and not the environment's impact on the project -that compels an evaluation of how future residents or users could be affected by exacerbated conditions. /c_RAN EV 3 The existing, known soil contamination at the project site is an environmental hazard that could be exacerbated by project development. For example, disturbance of soils during construction can expose construction workers to health hazards and possibly future residents , thus exacerbating an existing condition that is somewhat contained by being relatively undisturbed at this point in time . As a result, this IS/MND will appropriately evaluate the project's potential to exacerbate the existing environmental soil hazards at the project site. Raney understands that the applicant has provided a Phase I ESA, prepared by Running Moose Environmental Consulting, LLC, and a Phase II soil sampling letter, prepared by McCloskey Consultants , for the project site. Raney proposes to contract with Geocon Consultants , Inc. (Geocon) to conduct a technical peer review of the Phase I ESA and Phase II soil sampling (see appendix D for a scope of work). Geocon will review the Phase I ESA and Phase II repo1ts provided and prepare a letter to present their professional opinions on the appropriateness and adequacy of the reports with respect to project conditions , regulatory requirements , and industry standard of practice. Raney will review the technical letter to ensure that all CEQA issues have been adequately and accurately addressed and will incorporate the results of the peer review into the Hazards and Hazardous Materials section of the Initial Study. Remaining Issue Areas The remaining issue areas of the Initial Study will be based upon information provided by the applicant and the City as well as pertinent City documents , including but not limited to the Cupertino General Plan, General Plan EIR, and any other pertinent information prepared for the project site and surrounding area. For Air Quality, Raney will run CALEEMod to receive estimated emissions from the proposed project and compare the estimated emissions to the Bay Area Air Quality Management District thresholds of significance. Raney anticipates the emissions to be well below the threshold of significance. In regards to AB 52 requirements, Raney will assist the City with the required tribal consultations pursuant to AB 52 if the City has received one or more letters from tribes . Raney will provide the following deliverables: • Preparation of the environmental checklist and IS/MND analysis; and • One (1) electronic copy, in Word and PDF format, of the Administrative Draft IS/MND to the City for review. TASK3 PREPARE SCREENCHECK DRAFT IS/MND AND PUBLIC REVlEW DRAFT IS/MND FOR THE CITY RELEASE TO THE PUBLIC The objective of this task is to edit the Administrative Draft IS/MND based on the comments received from City staff and to prepare a Screencheck Draft IS /MND in a "strikethrough", underline format. The City will then review the Screencheck Draft IS /MND to provide any additional comments. Raney will revise the Screencheck, based on City comments, to submit a Public Review Draft IS /MND to the City for distribution . Raney assumes the City will publish the notice for the IS/MND in the paper, post the IS/MND online, and provide a copy of the notice and IS/MND to the County Clerk . Given that the project is not of statewide, regional , or areawide significance, pursuant to CEQA Guidelines Section 15206 , Raney has assumed that the IS /MND would not be submitted to the State Clearinghouse for state agency review, and the public document review period will be twenty (20) days. 4 RANEY Raney will provide the following deliverables: • Submit one (1) electronic version of the Screencheck Draft IS /MND to the City, in Word format , that incorporates City comments ; • Revise the Screencheck Draft IS /MND , based on additional City comments , to prepare the Public Review Draft IS /MND; • Submit one (1) electronic version of the Public Review Draft IS /MND , in Word and PDF formats , to the City of Cupertino ; and • Prepare the Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) and the Notice of Determination (NOD), should the project be approved. TASK4 PREPARE MITIGATION MONITORING AND REPORTING PROGRAM (J\1l\1RP) The objective of this task is to prepare a Mitigation Monitoring & Reporting Program (MMRP) for the City of Cupertino , should mitigation be required for the project. Raney will incorporate existing monitoring mechanisms that are in place in order to assist the City in meeting the intent of CEQA. The draft MMRP will be prepared in table format to specify any mitigation measures , standards of success, parties responsible for implementing and monitoring, and timing. Raney will provide the following deliverables : • Submit one (1) e lectroni c copy, in Word , of the draft MMRP to the City for r eview; • Revise draft MMRP based on City comments; and • Submit one (1) electronic copy, in Word and PDF, of the final MMRP to the City. TASK5 RESPONSE TO COMMENTS The objective of this task is to provide a written response to any comments recei v ed during the public review period of the IS/MND, if necessary. Although CEQA does not require written responses to comments on an IS/MND, Raney suggests the written responses be included in the staff report to ensure the decision-makers have adequate information on which to base their decision on the project. For the purposes of this scope, Raney has assumed there will be minimal comments on the IS /MND during the public review period. Raney will provide the following deliverables: • Prepare written responses to comments received in coordination with the City; and • Produce an errata sheet should any comments necessitate changes to the IS/MND text. TASK6 PROJECT MANAGEMENT The objective of this task is to ensure extensive coordination with City staff throughout the processing of the environmental document. Raney will provide the following deliverables: • Regular phone and e-mail communication with City staff; • Meetings and hearings can easily be accommodated upon request and would be billed on a time-and-materials basis following Raney 's standard billing rates. /(._RAN EV 5 Exhibit B 1=======11=1=. =S=c=h=e=d=ul=e==="""""e=~=~=· =-j The fo ll owing tentative schedu le is based on experience providing similar services . The schedule could be lengthened or shortened , depending on the needs of the City of Cupertino . Factors that could lengthen or shorten the schedule include dates of receipt of project information , length of document reviews , changes in the project description , AB 52 requirements , and unanticipated issues aris ing from City staff or the project team. ~C!l..l\!ill! I:..;; I I fl --11'1rinff -.. {l.-,11.u:.d;,' .. ,...,1111:.t 1 1HT•l'iTTmlJ..''1o1111.·, Milestones & Deliverables Timing Notice To Proceed (NTP) TBD Project Initiation Meeting and Site Visit Week ofNTP Receipt of Technical Peer Review Two (2) weeks from Receipt of Updated Phase II information Administrative Draft Initial Study to the City Two (2) weeks from receipt of of Cupertino for review Peer Review Receipt of City comments on Administrative Two (2) weeks Draft Initial Study Public Review Initial Study to the City of One and a half (1.5) weeks Cupertino Public Review Period (20 days) Twenty (20) days Provide Responses to pub lic comments, if Three (3) days applicable Director approval of IS /MND TBD /L._RAN EV 6 Exhibit C Task 1 Task 2 Task 2 .1 Task 3 Task 4 Task 5 Task 6 IV. Cost Proposal The cost for completion of the Orange A venue Lot Split IS/MND is not to exceed $11,685 . These costs are based on the estimates of time for each task provided in the spreadsheet below. Costs for the Initial Study preparation will be billed on a not-to-exceed basis , following Raney standard billing rates also included in the spreadsheet below. r•1-1,1~rei_,,,.,:a~1••:::Uli•11rt-,~ ~l=t,."'I n,.,,r ... •::a ~ C "' ls <ii rn ·u a, ·c "' t5 a, ·u "' a, ..c ·u a, ~ C a. u 0 "' "' a, rn 0 ~ Cf) f--rn ·u t5 ~ ~ <( 0 t5 rn a, a, rn rn ls rn -~ ·e ::, ::, ·c <( a a a, u. u. ~ Cf) ~ ~ Project Initiation 6 Prepare Administrati-.e Draft Initial Study 2 4 4 25 AQ / GHG Technical Analysis 2 6 Prepare Screencheck Draft IS/MND and Prepare Public Review Draft IS/MND 2 3 6 Prepare MMRP 1 1 Response to Comments , if needed 2 2 Project Manaaement , Meetinas, and Hearinas 4 8 Total Hours 6 23 2 6 7 34 Hourly Rate $ 170 $ 150 $ 150 $ 125 $ 120 $ 100 Total Labor $ 1,020 $ 3,450 $ 300 $ 750 $ 840 $ 3,400 Sub-Consultants & Expenses Copy i na/P ri nti na/Tra-.el/P os taqe/E tc. * $ 500 Sub-Consultant: Geocon Peer Review $ 1,250 10% administrati-.e fee $ 175 Total Expenses Total Bud~et *Estimates only . Will be billed on time-and-material basis. The following assumptions were used in the calculations: • Raney 's costs are based on the assumption that the provided data from the City is accurate and current and will be available for the preparation of the IS /MND . • Raney will provide the City with the number of copies of the documents as indicated in the technical scope of services. The cost for copying and printing is an estimate only and will be billed at cost. All other printing and distribution of the documents will be the responsibility of the City . • Raney expects that all work will be completed within the budgeted time. If additional time is necessary beyond that which has been budgeted due to unanticipated circumstances , those items will need to be renegotiated. Factors that would increase the scope of work and estimated costs outlined in the proposal include : attendance at public meetings; printing of additional copies of reports ; analysis of additional issues beyond those discussed in this proposal or a more detailed level of analysis than described in this j c._RAN EV 7 -"" rn "' f-- <ii u. -;;; 0 u $ 900 $ 3,920 $ 1,050 $ 1,260 $ 250 $ 500 $ 1,880 $ 9 ,760 $ 1,925 $ 11,685 proposal; additional reviews and edits beyond those included in this scope of work; changes in the project; and collection of data required beyo nd that described in this proposal. Raney would propose to renegotiate these items , if required , or charge on a time-and-materials basis. /c__RAN EV 8 V. Firm Description Since establishment in 1999 , Raney has prepared over 500 CEQA and NEPA documents for various public and private sector clients throughout the State of California, including Initial Studies, Negative Declarations, Mitigated Negative Declarations , Environmental Impact Reports , Environmental Assessments , and Findings of No Significant Impact. Raney 's ability to adapt to each project at hand , provides the experience and capacity to effectively and efficiently address the key issues and needs of each individual project to ensure the environmental document produced can withstand public scrutiny and , in some cases , legal opposition. Raney's vast and unique experience ranges from preparing CEQA and NEPA documents for publicly controversial big box retail projects to large-scale specific plans and General Plans , as well as complex mining, timber conversion, solar, and sports complex projects. Complementing Raney 's CEQA and NEPA services , the air quality division works closely with lead agency staff and local air districts to prepare air quality impact studies , air quality mitigation plans , greenhouse gas (GHG) analyses , GHG reduction plans, climate action plans , and health risk assessments. Raney ' s air quality division has completed over 100 Air Quality Assessments and Greenhouse Gas Analyses for public and private sector clients throughout California. Raney 's air quality expertise ranges from private development projects , affordable housing projects , and large- scale specific plans , to unique and complex project such as mining and industrial projects. Additionally, Raney has worked closely with the Bay Area Air Quality Management District staff during the preparation of air quality and greenhouse gas emissions analyses for numerous projects. Raney 's approach in providing environmental consulting services is to serve as an extension of lead agency staff, tailoring our services to meet the unique needs of each jurisdiction and the key environmental issues associated with individual projects. Raney provides the management core of the company on every project, ensuring that our clients receive the highest level of expertise. Raney 's management team and key staff members are expert planners and public facilitators , having made numerous presentations before community groups , Planning Commissions, City Councils, and Boards of Supervisors. Both President Tim Raney, AICP and Senior Vice President Cindy Gnos, AICP have served as local government planning staff. Mr. Raney previously served as the Interim Community Development Director for the City of Oakley and is currently serving as the Community Development Director for the City of Wheatland. In addition , Ms . Gnos served as a planner for the City of Sacramento and the City of Dixon, and currently provides planning and consulting services for the City of Woodland, Galt, Antioch , Pacifica, and Martinez. The wealth of experience outlined above enables Raney to complete the processes involved in planning, project management, and environmental review in both a timely and cost-efficient manner while ensuring that the needs and expectations of every client are satisfied. Raney serves its clients with pride and seeks to add value to the planning process , thereby alleviating the workload pressures typically placed on a client's staff. In addition , Raney consistently provides facilitation and direction throughout the processing of highly controversial projects through the engagement of project stakeholders, attention to details , and interactive discussions with staff. 9 RANEY VII. K ey Personnel Qua l ifica tions Raney manages its staff in a very timely and cost-efficient manner. Company President Tim Raney, AICP, established Raney in 1999 and has been serving as Principal for over seventeen years. Senior Vice President Cindy Gnos , AICP , joined the firm in 2000 and has been with Raney for more than sixteen years. Since the firm 's establishment, Raney has maintained the same key management staff it has had for nearly a decade. Vice President Nick Pappani has been with Raney for over fifteen years and Division Manager / Air Quality Specialist Rod Stinson has been with Raney for over twelve years . Together, the management team oversees a staff of writers and administrative personnel. Unlike many of the larger CEQA firms , Raney provides each of its clients with the management core of the company . This provides our clients with the greatest level and depth of experience on each project, as well as specialized client services. Below, please find a brief description of qualifications for Senior Vice President Cindy Gnos , AICP, who will serve as the Project Director for the proposed project, Vice President Nick Pappani , who will serve as the Project Manager, and key management staff, including President Tim Raney, AICP, and Division Manager / Air Quality Specialist Rod Stinson, who will provide project support. Resumes are available in Appendix A . Additionally, relevant project experience will be available upon request. Cindy Gnos, AICP -Senior Vice President 2000-Present Role: Project Director As Raney 's Senior Vice President, Ms. Gnos brings nearly thirty years of experience in environmental and municipal planning. Ms. Gnos has a broad und e rstanding of local government goals and objectives having previously served as local government planning staff for the cities of Sacramento and Dixon . As Raney' s Senior Vice President, Ms. Gnos has managed over 400 environmental and planning projects, including Initial Studies, Environmental Impact Reports, Zoning Ordinances, and special planning projects. Ms . Gnos has managed the preparation of numerous environmental documents and has processed a wide variety of projects ranging from standard residential , commercial , mixed-use, and industrial projects to program-level annexations , large- scale specific plans, and general plan projects. Ms . Gnos is a seasoned public speaker, having made hundreds of presentations before community groups , planning commissions , city councils , and boards of supervisors. With this combination of skills and knowledge, Ms . Gnos can create and implement effective strategies to complete a comprehensive environmental document and development review process. Ms . Gnos has a Bachelor of Science degree in City and Regional Planning from California Polytechnic State University, San Luis Obispo. 10 RANEY Nick Pappani -Vice President 2002-Present Role: Project Manager Mr. Pappani brings over seventeen years of environmental and planning experience to the Raney team. As Raney 's Vice President, Mr. Pappani has served as the Project Manager for over 100 CEQA and NEPA documents for jurisdictions throughout northern and southern California . Mr. Pappani has worked on a broad variety of projects, including residential , commercial , and industrial projects, as well as unique projects such as solar generating facilities and vineyard plans involving timberland conversion. In addition , Mr. Pappani has extensive experience coordinating between various agency departments on highly complex natural resources issues . Of particular noteworthiness is the comprehensive carbon sequestration analysis that Mr. Pappani spearheaded for the CEQA EIRs prepared for the Fairfax Conversion and Annapolis Timber Conversion projects in Sonoma County . Mr. Pappani is also an articulate speaker, having given hundreds of presentations before decision-makers and the public, including answering questions related to Raney 's environmental and planning documents . Mr . Pappani has a Bachelor of Science de gree m Wildlife Biology from Humboldt State University, Arcata, California. Timothy Raney, AICP-President 1999 -Present Role: Project Support As the President of Raney Planning & Management, Inc., Mr. Raney serves as the leader of the Raney team . Mr. Raney specializes in CEQA processing, planning, and public facilitation , bringing nearly thirty years of experience to each project. Mr. Raney currently serves as the Community Development Director to the City of Wheatland and , together with Raney staff, has been providing contract planning services to the City since 2004. In addition, Mr. Raney previously served as the Interim Community Development Director for the City of Oakley while the City was completing its General Plan Update . Since establishing the firm in 1999, Mr. Raney has successfully processed more than 500 CEQA , NEPA, and planning projects, including Initial Studies, Environmental Impact Reports , Environmental Assessments , and special planning projects such as the APA Award-winning Community Vision for the City of Wheatland. Mr. Raney 's diverse experience includes unique and complex projects such as marinas, military base conversions, mining, and solar to large-scale specific plans, master plans, zoning code updates, and numerous private development projects for residential , commercial, mixed-use, industrial , and infrastructure/roadway improvements. Mr. Raney also has diverse experience in local government, including being Mayor of a city of 90 ,000, Planner in the City of Sacramento 's Planning Department, and previously serving on the Board of the Sacramento Metro Chamber Metro PAC and the Sacramento Tree Foundation. Mr . Raney has been involved in local government issues with the League of California Cities , the /c.._RANEY 11 Commission on Local Governance for the 21st Century, and the Citrus Heights Chamber of Commerce . This experience gives Mr. Raney a better understanding of the needs and requirements of local government. Mr. Raney has a Bachelor of Science degree in Agricultural Economics from the University of California, Davis. Roderick-Shane Stinson -Division Manager / Air Quality Specialist 2005-Present Ro le: Project Support Mr. Stinson brings over twelve years of environmental experience to the Raney team with a background in CEQA, air quality, and water resources. As Raney's Division Manager, Mr. Stinson has served as the Project Manager in the preparation of over I 00 environmental and planning projects , including CEQA Initial Studies and EIRs as well as NEPA Categorical Exclusions and Environmental Assessments . Mr. Stinson has managed projects ranging from complex mining, solar, and infill projects to large-scale specific plans and general plans as well as standard residential , affordable housing, mixed-use , commercial, industrial, and infrastructure projects. In addition , Mr. Stinson serves as Raney 's in- house Air Quality Specialist, with over ten years of experience in preparing air quality analyses for a variety of development projects . Over the past ten years , Mr. Stin s on has completed over I 00 air quality impact and greenhouse gas analyses , working closely with lead agencies and local air districts throughout northern and southern California . Mr. Stinson holds a Bachelor of Science degree in Forestry and Natural Resources Management with a concentration in Environmental Management from California Polytechnic State University, San Luis Obispo and is certified in River Restoration and Natural Channel Design. 12 RANEY /c__RANEY Appendix A Resumes 13 CINDY GNOS, AICP Senior Vice President EDUCATION Graduate Studies, Public Po licy Admini stration C a li fo rni a State U ni ve rs ity , Sacrame nto B.S., C ity and Re g ional Pl anning C a liforn ia Polytechnic State Un ive rs ity. San Luis Obi s po AFFILIATIONS Ame rica n In stitute of Certifi ed Planners (AICP) Ame ri can Planning A ssoc iation (APA) Ms. Gnos brings to Raney Planning & Management a wide range of public sector planning, management, and economic development services. Ms . Gnas specializes in land use analysis, project coordination and management, public facilitation , and CEQA processing and documentation. With nearly twelve years of public sector planning experience, she has developed an understanding of the diverse aspects of planning and community development within local governments. Her background enables her to advise clients on effective strategies regarding government permit processing, public involvement, and agency coordination. SENIOR VICE PRESIDENT Raney Planning & Management, Inc . (April 2000 -Presenfj As the principal contact for most of Raney 's projects, Ms . Gnos provides high-quality , uniquely personal services to Raney's clients. Serving as Project Director for many of Ran ey's projects, Ms. Gnos is exceptionally organized and skilled at providing project management services to Raney 's clients. In addition to project management, Ms. Gnos is responsible for the quality and content of Raney 's documents, thoroughly reviewing every document before sending it out for client review. Ms . Gnos provides the energy that keeps the Raney team running in top condition , thereby ensuring that its clients receive the very best of what Raney has to offer. SENIOR PLANNER Citv r!fDixorz, CA (Nm·ember 199-1-Afarch 2000i Ms . Gnas served as a planner for the City of Dixon, overseeing the planning, environmental review, and development of numerous residential , commercial , and industrial projects. Ms . Gnas coordinated the City of Dixon 's downtown revitalization efforts through the management of the creation of the Dixon Downtown Revitalization Plan, and through personal participation in special downtown events. She implemented the Downtown Facade Improvement Program using Redevelopment funds. Ms. Gnos also oversaw the Community Development Block Grant (CDBG) Program for the City of Dixon which included Planning/Technical Assistance Grants and a Business Revolving Loan Fund. Ms. Gnos served as the housing coordinator for implementation of the City 's Housing Element, including the use of Redevelopment Funds and HOME funds in a first-time homebuyer program . ASSOCIATE PLANNER Ci ly ofSacramen lo, CA (O ctoher 1988 -Novemher 1994) As a land use planner for the City of Sacramento, Ms. Gnas was responsible for processing development applications. This included pre-application meetings , environmental review, coordination with the City , developer, and neighborhoods , as well as reports and presentations to the Planning Commission and City Council. During her tenure at the City of Sacramento, she also chaired the Subdivision Review Committee. NI CK PAPPAN! Vice President EDUCATION B.S., Wildli fe Biology , cum la ud e Ca li fo rnia State Uni ve rs ity , Humbo ldt AFFJ LJATIONS T he Wi ld li fe Society, Western Sect ion Mr. Pappani has been part of Raney Planning & Management's team since 2002. As current Vice President, Mr. Pappani is part of the management core of Raney, working directly with Senior Vice President Cindy Gnos and President Tim Raney to provide hands -on planning and CEQA services to a variety of clients . VICE PRESIDENT Raney Planning & Jfanugement. Inc . (September 2002 --l'resentj Mr. Pappani focuses on client interaction and bu siness marketing, given his network of satisfied clients within the industry. Mr. Pappani also manages the preparation of CEQA documents and regularly attends meetings with lead agency staff to identify and problem-so lve environmental issu es so that the EIR process can be streamlined and simplified to the greatest extent feasible. In addition , Mr. Pappani works with Division Manager Rod Stinson, in the day-to -day coordination of the Raney team and its efforts. Since his arrival at Raney , Mr. Pappani has been involved in the writing and managing of numerous environmental documents and has served as the project manager for over 90 CEQA and NEPA projects . In addition to his project management ex perience, Mr. Pappani has provided contract planning services for various jurisdictions during his time at Raney , including serving as an extension of lead agency staff in reviewing development and use permit applications, preparing staff reports and conditions of approval , and presenting before board s, commissions, councilmembers, and the general public. WILDLIFE TECHNICIAN Grand Canyon National Park. AZ (Mav to A ugusf 1999 and 2000) Mr. Pappani utili zed his field research skills obtained at Humboldt State Univers ity to collect pertinent wildlife data for the Park Service . In addition to conducting numerous field studies for special-status species and keeping detailed records of all collected data, Mr. Pappani was appointed as crew leader in the absence of the acting crew leader, which involved appointing tasks to other staff and managing their workload. FIELD TECHNICIAN LBJ Emerprises, Eureka. CA (May to August 1998) Mr. Pappani conducted research for an environmental consulting firm located in Eureka, CA. Mr. Pappani's primary duties included conducting detailed plant and animal surveys throughout Six Rivers National Forest. The animal surveys focused on detecting the presence/absence of the Federally Threatened Marbled Murrelet within Six Rivers National Forest. TIM RANEY, AICP President EDUCATION Grad uate Studi es, Agric ultu ra l Economics Uni ve r s ity of Cali fo rni a. Davis B.S., Agricu ltu ra l and Manageria l Economics Unive rs ity of Cali fornia , Davi s AFFILIATIONS American Jnstitute of Ce rtifi e d Pl anners (A lCP) Ame ri can Pl a nnin g A ssociati on (APA) Sacramento Me tro Chamber Mr. Raney has nearly 30 years oflocal government, planning, and CEQA/NEPA experience, during which he has actively managed many of the region's most controversial projects . PRESIDENT Ranev Planning & Monage111e111, Inc . (April 1999 -Present) As President of Raney , Mr. Raney provides a wide range of planning, management, and economic development services to public and private sector clients. Mr. Raney specializes in project coordination and management, CEQA processing and documentation, land use analysis , business district information , and public facilitation . With over twenty-five years of plam1ing experience , he has developed a diverse and expanding network of clients , including developers , agency representatives , and state and local decision- makers. His diverse backg round enab les him to advise his clients on effective strategies regarding government permitting processing, public involvement, and agency coordination. Mr. Raney provides quality client services, ensuring legally and procedurally accurate documentation while strictly adhering to all schedu les and budgets. COMMUNITY DEVELOPMENT DIRECTOR City o( H-he<1tland (]004 -Presentj As the Community Development Director for the City of Wheatland, Mr. Raney provides professional guidance and technical assistance to the City Manager, City Council , Planning Commission , and the public regarding immediate and lon g-range planning while working extensively with the development community , local business owners, and community residents . Mr. Raney monitors City growth and oversees implementation of the City 's General Plan, processing of development applications , and makes recommendation to City Council regarding applications and development projects. Over the past 11 years , Mr. Raney has been instrumental in developing the City 's Infrastructure Work Program , Community Vision , and Capital Improvement Program as well as developing and implementing the City's General Plan . COUNCILMEMBER/MA YOR Cirv oj"Citrns Heigllls. C--1 (!997-2002) Elected to serve on the fir st City Council, Mr. Raney was instrumental in creating the initial govermnent structure of the City of Citrus Heights . While on City Council , Mr. Raney participated in the preparation and adoption of the City's first General Plan as well as developing a city staff to be responsible for its implementation . Mr. Raney served as Mayor of Citrus Heights in 2000 winning numerous awards for his exceptional leadership ski ll s. This experience behind the dais has given Mr. Raney the ability to understand projects from a variety of perspectives , thereby allowing him to provide a unique skill set to Raney 's cl ient s. ROD STINSON Division Manager/ Air Quality Specialist EDUCATION B.S., Forestry and N at ura l Resources Ca lifornia Pol y tec hni c State Unive rs ity, San Lui s Obi s po CERTIFICATIONS Ce rtifi e d in Ri ver Restorati o n and Na tu ra l C ha nne l Desig n AFFILJA TIONS Sacramento Metro EDGE Mr. Stinson brings to Raney Planning & Management, Inc. his technical writing and project management skills to every project. As Division Manager with Raney, Mr. Stinson assists Senior Vice President Cindy Gnos and President Tim Raney in the day-to-day management of the office, which includes overseeing the processing of various environmental and planning projects, management of office staff, and coordination with agency personnel and project applicants. In addition, Mr. Stinson serves as Raney's in-house Air Quality Specialist. DIVISION MANAGER I AIR QUALITY SPECIALIST Raney Planning & Monagement, Inc. (J\1ay 1005 --I'resellf) Since June 2010 , Mr. Stinson has worked under the title Division Manager and is responsible for assisting Senior Vice President Cindy Gnos and company President Tim Raney in the day-to-day coordination of the Raney team and its efforts. Since arriving at Raney, Mr. Stinson has been involved in the writing and managing of numerous environmental and planning projects and has served as the project manager for over 100 CEQA and NEPA projects. In addition , Mr. Stinson has managed numerous special planning projects as well as provided environmental and land use planning services for various jurisdictions during his time at Raney, including extensive use of GIS in the analysis and presentation of data. Mr. Stinson also serves as Raney 's in-house Air Quality Specialist, preparing air quality and greenhouse gas analyses for Initial Studies and Environmental Impact Reports as well as air quality and greenhouse gas studies and health risk assessments for various private-sector clients. Mr. Stinson trained under Donald Ballanti, Certified Consulting Meteorologist for several years and has prepared over thirty air quality analyses for various public and private sector projects. Through his work with various air districts in the region, Mr. Stinson has become a leading expert in preparing air quality and greenhouse gas analyses. Mr. Stinson is also actively involved in the Sacramento Metro Chamber as a recent graduate of the Leadership Class of 2012. As a part of the 2012 class project, Mr. Stinson participated in fundraising and outreach activities for the design and construction of the new Soil Born Farms outdoor classroom. ESTIMATOR I ENVIRONMENT AL SPECIALIST Thunder J,fountain £11terprises, Inc. (October 2003 to May ]005) Mr. Stinson began at Thunder Mountain Enterprises, Inc. preparing Stonnwater Pollution Prevention Plans utilizing erosion and sediment control Best Management Practices. In this position Mr. Stinson was trained in AutoCAD and expanded his knowledge of hydrology and fluvial processes. After four months with the company Mr. Stinson was promoted to department head of the Estimating Department where he developed and managed procedures for the department. Mr. Stinson was tasked to develop new markets for the company while maintaining their existing workflow market. In addition, Mr. Stinson set the budgets for the 2004 and 2005 fiscal years as well as secured over $600,000 of revenue in the first year of existence. Estimator, Mr. Stinson performed sales, estimating, project management, and contract administration. Appendix B Geocon Consultants Inc. Peer Review Scope of Work /4 RANEY 14 GEOCON CONSULTANT S , INC . GEOTECHNICAL •ENV IRO NMENT AL • MATE Proposal No . LE-16-156 November 17, 2016 Raney Planning and Management 1501 Sports Drive, Suite A Sacramento, CA 95834 Attention: Mr. Nick Pappani Subject: PROPOSAL FOR PHASE 1 AND II ESA PEER REVIEW PROPOSED SINGLE-FAMILY RESIDENTIAL DEVELOPMENT 10206 AND 10208 ORANGE A VENUE, CUPERTINO, CALIFORNIA Dear Mr. Pappani: Pursuant to your request, we are pleased to present this proposal to perform a peer review of the Phase I Environmental Site Assessment (ESA) report and Phase II sample results for the subject residential property in Cupertino, California. The project site is an approximately 0.29-acre parcel. We understand the proposed project will redevelop the property with at least one single-family residence. SCOPE OF SERVICES We propose to perform a peer review of the ESA report prepared by Running Moose Environmental Consulting and the Phase II sample results collected by others . The purpose of our peer review will be to provide professional opinions on the appropriateness and adequacy of the ESA report and Phase II sampling with respect to project conditions, regulatory requirements, and industry standards of practice. Based on our understanding of the project, we will: • Review the ESA and Phase II reports that you provided. • Prepare a letter to present our professional opinions on the appropriateness and adequacy of reports with respect to project conditions , regulatory requirements , and industry standard of practice, based on the results of the peer review. PROPOSED FEES We propose to perform the scope of services outlined above on a time-and-materials basis. We recommend a budget of $1,250 be provided for our scope of services. Our services will be provided in accordance with the enclosed 2015 Schedule of Fees/Terms and Conditions, which is incorporated into and made a part of this proposal. If unforeseen conditions are encountered, or if we experience delays or circumstances beyond our control , we will notify you immediately to discuss modifications to the scope of services and/or project fees. 6671 Brisa Street • Livermore , California 94550 • Tel (925) 371-5900 • Fax (925) 371-5915 GE OCON CON S ULTAN TS , INC . GEOTEC H NICAL • ENVIRONMENTAL • 2015 SCHEDULE OF FEES PROFESSIONAL SERVICES Engineering As sistant, Laboratory Technician........................................................................................................................................... $75/hr. Engineer ing Fie ld Techn ician I (inc luding N uclear Ga uge), Spec ial Inspector I..................................................................... 75 /100 (PW)*/hr. Engin eering Fie ld Techn ician II (incl ud ing Nuclear Ga uge), Spec ia l In spector II................................................................... 80 /105 (PW)*/hr. Engineering Fie ld Technician III (inc lu ding Nu cl ear Gauge), Specia l In spector II I................................................................ 90 /115 (PW)*/hr. Wo rd Proce ssor, Techn ica l Editor, Draftsman............................................................................................................................................ 75/hr. Research Assistant, Technical Ill ustrato r, Sr. Draftsman ............................................................................................................................ 85/hr. Project Coordinator, GIS Spec ialist............................................................................................................................................................ 95/h r. Staff Engineer/Geo logi st/Sc ientist .............................................................................................................................................................. I 05/hr. Senio r Staff Eng in eer/Geo logist/Sc ientist................................................................................................................................................... 115/hr. Project Engin eer/Geologist/Scien ti st........................................................................................................................................................... 125/hr . Sen ior Project Engineer/Geo log ist/Scie nti st ............................................................................................................................................... 135/hr. Se nior Engineer/Geo logist/Scientist............................................................................................................................................................ 155/hr . Ass ociate Engineer/Geo log ist/Sc ientist ...................................................................................................................................................... 185 /hr. Princ ipa l En g inee r/Geo logi st/Scient ist, Litigati on Support......................................................................................................................... 225/hr. Deposition, Co urt App earance .................................................................................................................................................................... 400/hr . Overt ime and Saturd ay Rate ..................................................................................................................................... 1.5X Re gul ar Hou rl y Rate Sun day and Hol ida y Rate ............................................................................................................................................... 2X Re gular Hourly Rate Minimum Profe ssional Fee............................................................................................................................................................ $500 /P roj ect Minimum Fie ld Service s Fee (p er day or call-out)..................................................................................................................................... 2 Hours *$25/hour Surcharge fo r Techn ician s and In specto rs for Prevai ling Wage (PW) per requiremen t s of Ca lifornia Labor Code §720 , et. Se q . T RAVEL Pe rsonnel.............................................................................................................................................................................. Regu lar Ho url y Rate Sub sistence (P er Di em)......................................................................................................................................................................... $150/day Ve hic le M il eage ................................................................................................................................................................................... 0.75 /mi le E QU IP MEN T & ANALYTICAL TEST S Nuc lear Gauge .............................. Includ ed in Fie ld Technician Rate Pick-up Tru ck ..................................................................... $125 /da y Eq uipment Truck ............................................................. 200 /da y Direct-P ush Rig/Operato r ................................. 165/190(PW)*/hr . Direct-Push Sam pl e Line r ............................................... . Equ ipme nt Trail er ............................................................ . Wenner 4 -Pin Earth Resistivity Me ter ............................. . Coring Machine (co ncrete , as pha lt, masonry) .................. . Dyna mic Cone Pe netrometer ........................................... . Di latomete r (DMT) Test Equipment.. .............................. . Generator or Air Compresso r .......................................... .. GPS Unit .......................................................................... . Drive-Tu be Sam pl er or Hand-A uger ............................... . Soi l Samp le Tube (Brass or Stainle ss) ............................ . Wate r Leve l Indicato r ..................................................... . Battery-Powe red Pump ................................................... . Photo-Ionization Me ter ................................................... . 10/ea . 100/day 150/day 175 /day 150 /day 750/day 100/day 160 /da y 40/day 10/ea . 40 /day 75 /day 125 /day Leve l D PPE/Decon Ri nse Eq ui pment pH/Con ductiv ity /Temperature Me ter ............................... . 55 -ga ll on dru m ................................................................ . TPHg/BTEX (F.PA 80 15M/8021B) ................................ .. TPHg/BTEX/MTB E (EPA 80 15M/8260B) .................... .. TPHd/TPHmo (EPA 80 15M) ......................................... .. Fuel Oxygenate Compound s (EPA 82608) .................... .. Vo latile Organi c Compound s (EPA 82608) ..................... . Semi-Vo lat il e Organic Compo und s (EPA 8270) ............ .. CAM 17 Met als (EPA 60 108) ........................................ .. Si ng le Meta l (EPA 60 JOB) .............................................. . Pe sticide s (EPA 808 1) .................................................... .. Soi l pH (EPA 9045C) ...................................................... .. $50/day 50/da y 55 /ea. 70 /ea. I 00/ea. 75 /ea. 11 0/ea. 150/ea. 300/ea . 170/ea . 20/ea. 125 /ea. 20 /ea . WET or TCLP Extraction ................................................. 75 /ea. Samp le Compo siti ng...................................................... 20/compo site 48-hou r Tum-Aro und-Time .......................................... 60 % s urcharge 24-hour Tu m -Arou nd-Tim e ........................................ 100% surcharge L A BORA TORY T ESTS ** COMPACTI ON CURVES 4-inch mo ld (D1557 /D698) ............................................... . 6-inch mo ld (D 1557 /D698) .............................................. .. Cal iforn ia Im pact (CAL2 l 6) ............................................ .. Check Point... .................................................................... . $175 /ea. 190 /ea. 200 /ea . 85 /ea. SOIL AN D AGGREGATE STA B ILITY Re sistance Value , R-Value (D2844 /CAL30 1) ................. .. R-Va lue , Tre ated (CAL30 1) ............................................ .. Californ ia Beari ng Rat io (Dl883) ................................... .. Stab ili zatio n Ability of Lim e (C977) ................................ . $275 /ea. 300/ea. 175 /pt. 180/ea . 6671 Brisa Stre e t • Li v ermore , California 94550 • Te l (925) 37 1-5900 • Fa x (9 25) 3 71-5915 Pa ge 1 o f 2 SOIL Al\'D AGGREGATE PROPERTIES #200 Wash (DI I 40 /C 117) ................................................ . Wet Sieve Analys is to #2 00 (D422/CAL202) ................... . Hydrometer Analysis (D422) ............................................ . Sieve Ana lysis with Hydrometer (D422) .......................... . Specific Gravity, Soi l (D854) ........................................... . Specific Gravity Coarse Aggregate (CJ27) ....................... . Specific Gravity Fine Aggregate (C l 28) .......................... . Cut/Extract She lby Tube ................................................... . SHEAR STRENGTH Unconfined Compress ion (02 166) ................................... . Direct Shear (D3080) (3pt) ............................................... . Unconso lidated -Undrained Triaxial Shear (D2850) ......... . Unconsolidated-Undrained Triaxial Staged (D2850) ........ . Consolidated -Undrained Triaxial Shear (D4767) ............. . Conso lidated-Undrained Triaxial Staged (D4767) ............ . Consolidated -Drained Triaxial Shear (EM 11 I 0) .............. . Consolidated-Drained Triaxial Staged (EM I 110) ............. . $60/ea. I 00/ea. 150/ea. 180 /ea . 70 /ea. 50/ea. 68 /ea. 50/ea. $100/ea. 200/ea. 125 /pt. 175 /ea . 275 /pt. 350/ea. 370/pt. 475/ea. PERMEAB ILITY, CONSOLIDATIO 1 M'D EXPANSION Permeab ility, Flexible Wall (D5084)................................. $265/ea. Permeability, R igid Wa ll (D5856) ..................................... 255 /ea. Conso lidation (D2435)....................................................... 50 /pt. Expansion Index (D4829/UBC 29-2)................................. 150/ea. AGGREGATE QUALITY Sieve Analysis to #200 (C136) ......................................... . L.A. Rattler Te st (500 rev.) (C131) ................................... . Sand Equivalent (D24 19/CAL2 l 7) ................................... . Durability Index (D3744/CAL229) ................................... . Fine Aggregate Angularity (CAL 234) ............................. . Flat and Elongated Particles (D479!/CAL 235) ............... . Percent Crushed Particles (CAL205) ................................ . $100 /ea. 185 /ea. 90/ea. 165/ea. 125 /ea. 150 /ea . 150/ea . Moi sture Determinatio n, tube samp le (D22 I 6) ................ . Moi sture Determination and Unit Weight (D2937) .......... . Atterberg Limits: Plasticity Inde x (D43 J 8) ...................... . Sand Equ iva lent (D24 I 9/CAL2 I 7) .................................. . pH and Resistiv ity (CAL643) ........................................... . Sulfate Content (CAL4 17) ................................................ . Chloride Content (CAL422) ............................................. . Organic Content (D2974) ................................................. . CONCRETE Comp re ss ive Strength , Cast Cy li nders (C39) ................... . Co mpressive Strength, Cores (C42) ................................. . Flex ura l Strength Beam (C78/C293) ................................ . Splitting Tensile Test (C496) ........................................... . Mix De s ign Review .......................................................... . Trial Batch ....................................................................... . Rebar Tensile / Ben d (up to #11 ) ..................................... . MAS ONR Y CMU Compressive Strength (C l 40) ................................. . Compre ss ive Strength, Grout (Cl019/UBC 21 -1 9) .......... . Compre ss ive Strength , Mortar (Cl 09/UBC 21-15 ,16) ..... . CMU Unit Wt., Dimen., Ab sorptio n (Cl40) .................... . Compre ss ive Strength, Masonry Prism (C l 314) .............. . HOT MIX ASPHALT Dens ity , Hveem (D2726/CAL308) ................................... . Stabilometer Value (Dl560/CAL366) .............................. . Theoretical Max . Specific Gravity (D204 l /CAL309) ...... . Extraction/Sieve Analysis (CI 36/CAL202) ..................... . HMA Core Unit Weight (DI 188 /CAL308) ...................... . % As phalt, Ignition Method (D6307/CAL3 82) ............... . % As phalt, Ignition Ca libration (D6307/CAL382) ............... . % Voids (CAL 367) .................................................. . **2X s urc ha rge o n ru s h turn-aro und for labora to ry tes ting T ERMS AND C ONDITIONS $20/ea. 40/ea. 150/ea. 90 /ea. 120 /ea. 90 /e a. 50/ea. 50/ea. $25 /ea. 40/ea. 80/ea. 69/ea. 200/ea. 4 75 /ea. I 00 /ea. $60/ea. 25 /ea. 25 /ea. 60 /ea. 115/e a. $100/ea. 175/ea. 175 /ea. 150/e a. 60/ea. I 00/ea. 200 /ea. 275 /e a. I. Li sted are typical charges for the services mo st frequentl y performed by Geocon . Prices for unli sted serv ices as well as special quotation s for programs involving volume work will be provided upon request. Laboratory te st prices shown are for laboratory work only, and include reporting of routine resu lts not calli ng for comments, recommendations or conclu sions . 2. Sampling and testing is conJucted in substantia l conformance w ith the latest app li cab le or de signated specifications of the American Society for Te sting and Material s, Cal trans, American Association of State Highway and Tran sportation Official s, o r other pertinent age ncies. 3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time . Per diem is $150.00 per day when location of work dictates . 4. Equipment and material s w ill be billed at cost plus 15 %. Outside se rvi ces including subcontractors and rental of special equipment are billed at cost plus 15 %. Hourly serv ices are billed portal to portal from closest office in accordance with the stated hourl y rates herein , w ith a minimum two-hour charge . 5. Invoices wi ll be submitted at four-week interva ls. Term s of payment are met upon prese ntation of invoice . Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent ( 1 ½%) service charge per month , o r th e maximum rate allowed by law, wh ichever is lower. If Client objects to all or any portion of any invoice, C lient will so notify Geocon in writing within fourteen (14 ) calendar days of the invoice date, identify the cause of di sagreement, and pay th at portion of th e invoice not in di sp ute . The partie s will immediately make every effort to se ttle the disputed portion of the in vo ice . Payment on delinquent invoices will first be applied to accrued interest and then to the princ ip al amount. All time s pent and expenses incurred (including any attorney's fee s and costs) in connection with collection of any delinquent amount \\~II be paid by Client to Geocon per Geocon's current fee schedule. 6. C lient and Geocon shall a ll ocate certain of th e ri sks so that, to the fullest extent permitted by law, Geocon 's (the term "Geocon " includes Geoco n 's partners, officers , d irec tors, emp loyee s, agents, affi liates, s ubcontractors and subconsultants) tota l aggregate liability to C lient is limited lo th e g reater of$5,000 or the tota l comp ensation receive d from Client by Geocon for se111ice s rendered on this projec t, for any and all of Client 's injuries, damages, claims, lo sses, expenses, or claim expenses arising out of this Agree men t fro m any cause or causes, including auorneys 'fees and costs which may be awarded 10 the prevailing party, and Client agrees to indemnify and ho ld harmless Geoco n jimn and aga inst all liabilities in excess of the moneta ,y limit established above. Client and Geocon sha ll a llo cate certain of th e other ri sks so that , to the fullest extent permitted by la w, Client sha ll limit Geocon's total aggregate liabili ty to all third part ies, includin g contractors, subcontractors of all tiers, materialmen , and others invol ved in Client 's project , as we ll as persons and other entities not involved in the project, to th e greater of $10,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages , cause or causes, in cluding allorneys 'fees and costs which may be awarded to th e prevailing party, and Client agrees to indemnify and hold harmless Geoconfimn and against all liabilities in excess of th e moneta,y limit establi shed above , including all liability incurred by Geoconfor acts, errors, or omissions, pursuant to ent ering into agreements with third parties on behalf of Client in order lo obtain access or en llJ' onto property not owned by Client. Client agrees lo notify all contractors and s ub con tra ctors of any limitation ofGeocon 's liability lo th em, and req uire th em to abide by such limitation for damages s uffered by any contractor or sub co ntractor arising from Geoco n 's acti ons or ina ctions. Ne ith er th e contractor nor any subcontractor assume s any liability for damages to others which may arise on account of Geocon 's actions or inactions. Page 2 of 2 Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. Consultant shall maintain the following minimum insurance coverage: A. COVERAGE: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500 ,000 each occurrence $1,000,000 aggregate -all other Prope11y Damage: $100,000 each occurrence $250 ,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits : Bodily Injury: $500,000 each occurrence Property Damage: $100 ,000 each occurrence or Combined Single Limit: $500,000 each occurrence ( 4) Professional Liability Professional liability insurance which includes coverage for the professional acts , errors and omissions of Consultant in the amount ofat least $1 ,000 ,000 . ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 2/22/2017 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementlsl. PRODUCER CONTACT Paraqon Insurance Services NAME: Pa ragon Insurance Services rA~gNJc Ext)· 916-353-1023 I ft;~ tJnl· 916-353-1 370 301 Natoma St #104 Folsom CA 95630 ~;.M~~~ ••. commercial@paragoninsservices .com INSURER(S) AFFORD ING COVERAGE NAIC # INSURER A : Fi rem ans Fund 21873 INSURED RANE Y-1 INSURER B ,California Auto 38342 Raney Plann ing & Management, Inc. INSURER c ,Security National Insurance Co 19879 1501 Sports Dri ve 1NsuRER D ,Gemini Insurance Company 10833 Sacramento CA 95834 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1806181503 REVISION NUMBER· THIS IS T O C ERTIFY THA T THE POLICI ES OF INSURANCE LISTED BELOW HAV E BEEN IS SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI C ATED. N O TWITHS TA NDING ANY R EQUIREMENT, TERM O R CONDITI O N O F ANY CONTRACT O R OTHER DOCUMENT WITH RES PEC T TO WH IC H THIS C ERTIFI C ATE MAY BE ISSUED OR M AY PERTAIN , THE IN S URANCE AFFORDED BY THE POLICIES DESC RIBED HEREIN IS S UBJECT TO A LL THE TERM S, EX CLU S IONS AND CONDITIONS OF SUCH POLICIES . LIMITS S H OWN MAY HAV E BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE AUUL ISUBR POLIC Y EFF POLIC Y EXP LIMITS LTR INSD WVD POLIC Y NU MBER fMM /DDIYYYYI fM M/DDIYYYYI A X COM MERCIAL GENERAL LIABILITY AZC80889053 8/30/20 16 8/30/20 17 EACH OCCURRENCE $2,000,000 -D CLAIMS -MADE GJ OCCUR DAMAGE TO RENT ED -PREM ISES /Ea occurrence\ $100,0 00 -MED EXP (Any one person) S10 ,0 0 0 PERSONA L & ADV IN JU RY -$2,000,000 GEN'L AGGREG ATE LIMIT APPLIES PER: GEN ERAL AGGR EGAT E $4 ,000,000 Fl D PRO -D LOC PRODUC TS -COMP/O P AGG $2,000 ,000 POLICY JECT OTHER : s B AUTO MOBILE LIABILITY BA040000005814 4/14/20 16 4/14/201 7 LUMBINc u ::,I Nu Le LIM I I s 1.ooo.ooo /Ea accident) f-- X ANY AUTO BOD ILY IN JURY (Pe r pe rso n) s f--ALL OWNED -SC HEDUL ED AU TOS AUTOS BODI LY INJURY (Per accident) S --NON -OWNED iP~?~tc~d~~tfAM AG E HIRED AUTOS AUTOS s --s UMBRELLA LIAB H OCC UR EAC H OCC URRENC E s - EXCESS LIAB CLAIMS-MAD E AGGR EGAT E s OED I I RETENTI ON$ s C WORKERS COMPENSATION SWC1 107438 5/1/2016 5/1/2017 X I ~f frnTE I I OTH-ER ANO EMPLOYERS' LIABILITY Y/N ANY PR OP RIETOR/PAR TNER/EXECUT IVE 0 N/A EL EAC H ACCID ENT $1,00 0 ,000 OFF IC ER/MEMB ER EXCLUD ED? (Ma nd atory In NH) E.L. DIS EAS E -EA EMP LOY EE S1 ,000,00 0 ~~sc;~rtiP8~ o't6PE RATI ONS below E.L. DISEASE -PO LI CY LI MI T S 1,000,0 00 D Profe ssio nal Liabil ity VC PL064581 7 /28/2 016 7 /28/2017 Each C laim 2,000 ,000 Ag g re gate 2,00 0 ,000 DESCR IPTION OF OPERATIONS/ LOCAT IONS / VEHICLES (ACORD 101 , Additional Remarks Sch edule , ma y be attac hed if more spa ce Is required) Re : Orange Avenue IS/MND The City of Cupertino ; its City Council, boards and commissions, officers , employees, and volunteers are additional insureds , including primary & non -contributory wording and waiver of subrogation , per forms AB9 189 under General Liability and MCA8510 under Comme rc ial Automobile . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C ity of C upe rtino THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN A ttn : Ari Latta n z i ACCORDANCE WITH THE POLICY PROVISIONS. 10 300 Torre Ave nue Cupe rtino C A 95014 AUTHORIZED REPRESENTATIVE I 0lr~ ~t))7 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ABC MultiCover -AB 91 89 08 07 This endorsement modifies insurance provided under the following: American Business Coverage Your policy is broadened and clarified as follows: I. Non Employment Discrimination Liability Unless Personal Injury or Advertising Injury ts excluded from this policy : A. Section Ill -Definitions , Item 17 . Personal Injury is amended to include: f. Discrimination B. Section III -Definitions , Item 2. Advertising Injury is a mended to include: e. Discrimination C . Section III -Definitions is amended to in- clude: 30 . Discrimination means the unlawful treat- ment of individuals based on race, color, ethnic origin, gender, religion, age, or sexual preference. D . Section II -Liability Coverage, Part H. Ex- clusions, Item l.p Personal Injury or Adver- tising Injury is a m ended to include: (11) Arising out of discrimination directly or indirectly related to the past employ- ment, employment or prospective em- ployment of any person or class of persons by any insured; or (12) Arising out of discrimination directly or indirectl y related to the sale, rental , lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, p ermanent lodging, or premises by or at the direction of any insured; or (13) Arising out of discrimination, if insurance thereof is prohibited b y law; or (14) Fines, penalties, specific performance, or m1unctions levied or imposed by a go- vernmental entity, or governmenta l code, law, or statu te because of discrimination 2. Blanket Additional Insured Section II -Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f. Any person or organization that yo u are re- quired by a written insured contract to include as an insured, subject to a ll of the following provisions: (I) Coverage is limited to their li ab ility a ri s - in g out of: (a) the ownership, maintenance or use of that part of th e premises, or land owned by, rented to , or leased to yo u ; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s); or This Fonn must be attached to Change Endorsement when issued after the poli cy is written. One of th e Fireman's Fund Insurance Companies as nam ed in the policy Pre s ident AB9189 8-07 Page I of 6 ( e) a state or political subdivision per- mit issued to you. (2) Coverage does not apply to any occur- rence or offense: (a) which took place before the exe- cution of, or subsequent to the completion or expiration of, the written insured contract, or (b) which takes place after you cease to be a tenant in that premises. (3) With respect to architects, engineers, or surveyors, coverage does not apply to Bodily Injury, Property Damage, Per- sonal Injury or Advertising Injury arising out of the rendering or the failure to render any professional services by or for you including: (a) The prepa ring, approving, or failing to prepare or approve maps, draw- ings, opimons, reports, surveys, change orders, designs or specifica- tions ; and (b) Supervisory, inspection , or engi- neering services. If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organization. 3. Blanket Additional Insured for Vendors Unless the Products-Completed Operations Haz- ard is excluded from this policy, Section II -Li- ability Coverage, Part I. Who Is an Insured, Item 2. is amended to include: g. Any vendor but only with respect to Bodily Injury or Property Damage arising out of your products which are distributed or sold in the regular course of the vendor's business, sub- ject to the following additional exclusions: AB9189 8-07 1. The insurance afforded the vendor does not apply to : a. Bodily Injury or Property Damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agree- ment; b. Any express warranty unauthorized by you; c . Any physical or chemical change in the product made intentionally by the vendor; d . Repackaging, unless unpacked solely for the purpose of inspection, dem- onstration, testing, or the substi- tution of parts under instructions from the manufacturer, and then re- packaged in the original container. e . Any failure to make such in- spections, adjustments, tests or ser- vicing as the vendor has agreed to make or normally undertakes to make in the usual course of busi- ness, in connection with the distrib- ution or sale of the products ; f . Demonstration, installation, servic- ing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g . Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. This insurance does not apply to any in- sured person or organization, from whom you have acquired such products, or any ingredient, part or container, en - tering into, accompanying or containing such products . If an Additional Insured -Vendors endorsement is attached to this policy that specifically names a person or organization as an insured, then this coverage does not apply to that person or organ- ization. Page 2 of 6 4. Blanket Waiver of Subrogation Section II -Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: 6. Transfer of Rights of Recovery Against Oth- ers to us and Blanket Waiver of Subrogation a . If the insured has rights to recover all or part of any payment we have made under this Coverage Pati, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or y our work for that person or organ- ization. 5. Broadened Named Insured Section II -Liability Coverage, Part I. Who ls An Insured, Item 4 . is replaced with: 4. All of your subsidiaries, companies, corpo- rations, firms , or organizations, as now or hereafter constituted, qualify as Named In- sured under this policy if: AB9189 8-07 (a) you have the responsibility of placing in- surance for each such entity; and (b) coverage for the entity is not otherwise more specifically provided; a nd (c) the entity is incorporated or organized under the laws of the United States of America. But each entity is insured only while you own, during the policy period, a controlling interest in such entity of greater than 50% of the stock or assets. However: (a) Coverage under this provision is afforded only until the end of the policy period, or the 12 month anniversary of the policy inception date, whichever is earlier; (b) Coverage C does not apply to bodily in- jury or property damage that occurred 6 . before you acquired or formed the or- ganization; (c) Coverage C does not apply to personal injury or advertising injury arising out of an offense committed before you ac- quired or formed the organization . Medical Payments Unless Coverage D. Medical Payments is excluded from this policy: A. Section II -Liability Coverage, Part H. Ex- clusions, Item 2 .f. is replaced with: f. Included within the products-completed operations hazard. However, this exclu- sion does not apply to expenses for den- tal services. B. Section II -Liability Coverage, Part G. Cov- erage, Item 2., is amended to include: c. Coverage D. Medical Payments is pri- mary and not contributing with any other insurance, even if that other insur- ance is primary also. 7. Tenant's Legal Liability 8. A. Section III -Liability Coverage, Part J. Li- ability and Medical Payments Limits of In- surance, Item 3. is replaced with: 3 . The most we will pay under Coverage C -Liability for damages because of prop- erty damage to premises whi le rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner: a. ansmg out of any Covered Cause of Loss shall be the greater of: (1) $1,000,000; or (2) The Tenant's Legal Liability limit shown in the Declarations. Chariered Aircraft Section II -Liability Coverage, Coverage C, Part H. Exclus ion s, Item l .g . is amended to include: (5) An aircraft in which you have no ownership interest and that you have chartered with crew. Page 3 of 6 9. Coverage Territory Broadened Section 111 -Definitions, Item 5.a. is replaced with: a . The United States of America (including its territories and possessions), Puerto Rico, Ca- nada, Bermuda, the Bahamas, the Cayman Islands and the British Virgin Islands. I 0. Broadened Advertising Injury Unless Advertising Injury is excluded from this policy : A . Section III -Definitions, Item 2. is replaced with: 2. Advertising Injury means mJury arising out of one or more of the following of- fenses: a. Oral, written, televi sed or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organiza- tion's goods, products or services; b . Oral, written, televised or videotaped publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of trademark, copy- right , title or slogan. B. Section II -Liability Coverage, Coverage C, Part H. Exclusions, Items 1.p.(l) and (2) are replaced with: (I) Arising out of oral, written, televised or videotaped publication of material , if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period; 11. Broadened Personal Injury Unl ess Personal Injury is excluded from thi s pol- icy, Section III -Property, Liability and Medical AB9189 8-07 Payments Definitions , Items 17.b., d. and e. are replaced with : b. Malicious prosecution or abuse of process; d. Oral, written, televi sed or videotaped publica- tion of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publica- tion of ma terial th a t violates a person's right of privacy; 12 . Broadened Personal or Advertising Injury Unless Personal Injury or Advertising Injury is excluded from this policy, Section II -Liability Coverage, Coverage C, Part H. Exclusions, Item 1.p.( 4) Exclusions is deleted in its entirety. 13. Fellow Employees Coverage Section II -Liability Coverage, Part I. Who Is an Insured, Item 2.a.(l) is amended as follows: (I) Personal Injury to you or to a co-employee while in the course of hi s or her employment, or th e spouse, child , fetus, embryo, parent, brother, sister or any member of th e house- hold of that employee or co-employee as a consequence of such Personal Injury, or for any obligation to share damages with or repay someone else who must pay damages because of the injury ; or 14. Mental Anguish Is Included in Bodily Injury Section III -Definitions , Item 4. is replaced with: 4. Bodily injury means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish which result at any time from such physical harm, physical s ick- ness or physical disease. Mental anguish me- a ns any type of mental or emotional illness or disease. 15 . Unintentional Failure to Disclose Hazards Section II -Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: Page 4 of 6 6. Unintentional Failure to Disc lose Hazards If you unintentionally fail to disclose any ha- zards existing at the inception date of your policy , we will not deny coverage unde r this Coverage Fonn because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 16. Supplementary Payments, Increase Limits Section II -Liability Coverage, Part G. Coverage, Items l.e. (2) and ( 4) are replaced with: (2) The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do not have to furnish these bonds. ( 4) All reasonable expenses incurred b y the in- s ured at our req uest to assist us in the inves- tigation or defense of the claim or suit including substantiated loss of earnin gs up to $500 a d ay because of time off work. 17 . Per Location Aggregate A. Section JJ -Liability Coverage, Part J. Limits of Insurance, ltem 4. is amended to include : The Aggregate Limit of Insurance applies se- parately to each location owned by you, rented to you, or occupied by you with the p e rmission of the owner. B . Section III -Property, Liability and Medical Payments Definitions , is amended to include: 31. Location means premises involving the same or connecting lots , or premises whose connection is interrupted only by a street, roadway, waterway or ri g ht-of- way of railroad. 18. Amended Duti es in the Event of an Occurrence, Offense Claim or Suit Section II -Liability Coverage, Part K. Liability and Medical Payments General Conditions , Items 2.a. and b. are replaced with: a. In the event of an occurrence, offense, claim, or suit, you must promptly notify u s. Your duty to promptly notify us is effective when your executive officers, partners, members, or AB9189 8-07 le gal representatives are aware of th e General Liability occurrence, offense, claim , or suit. Knowledge of an occurrence, offense, claim , or suit by other employee(s) does not imply you also have s uch knowledge. b. To the extent possible, notice to us should include: (I) How, when and where the occurrence or offense took place ; (2) The n ames, a ddresses, and te le phone numbers of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the occurrence, of- fense, claim, or suit. 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2. is replaced with: 2. Coverage C -Liability If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, mainte- na nce, or use of that part of the premises owned by or rented to you, or your work for that in s ured by or for you. Any other insurance available to that person or or- ganization is excess a nd noncontributory with this insurance, or; b. Except for th e circumstance described in 2.a., above, the insurance provided under this policy is excess over any other li- ability insurance available to any insured whether such other insurance is written as primary, excess, contingent or any other basis. An exception applies when any insured specifically has purc hased excess insurance to apply in excess of the limits of insurance shown in the Decla- rations of this Coverage Part for Cover- age C. Page 5 of 6 20 . Damage to Inv itees' Automobiles from Fa llin g Trees or Tree Limbs -Limited Coverage The policy applies to direct physical damage to automob il es owned by invitees subject to a ll of the following: l. Provided such damage originates from prem- ises owned, managed , leased or rented by an insured; 2. Coverage a ppli es only to invitees of an 111- sured or an insured's tenant; 3. Such damage is directly caused by wind-driven falling trees or tree limbs; 4 . The most we wi ll pay for any one lo ss is the lesser of the actual cash value of the damaged automobi le as of the time of the lo ss; or the cost of repairing or replacing the damaged automobile with another automobile of like AB9189 8-07 kind and quality; subject to a limit of $25 ,000 in any one policy period; and 5. This coverage is not subject to the General Liability General Aggregate Limit. 21 . Expected or Intended Injury -Amendment to Ex- clusion SECTION I. -2 . EXCLUSIONS a. Expected or Intended Injury, is replaced by the following: a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusi on does not apply to bodily injury or property damage resulting from the u se of reasonable force to protect persons or prop- erty . All other terms and conditions of the policy apply. Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II . EMPLOYEES AS INSUREDS Ill. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR -DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII . PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO -COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2013 Mercury Insurance Service s, LLC. All right s reserved . MCA85101213-CA Includes copyrighted material of In surance Services Office, Inc ., with its Permis sion Page 1 of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added : d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage . Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. Ill. AUTOMATIC ADDITIONAL INSURED SECTION II -LIABILITY COVERAGE, A. Coverage , 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this i nsurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Sect ion II . IV . EMPLOYEE HIRED AUTO LIABILITY SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement i n that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, A. Coverage, 2 . Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: MCA85101 213-CA (2) Up to $3 ,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Copy r ight 2013 M er cury In su rance Servi ces, LLC. All r ights r ese rve d. In clud es cop y righted material of In surance Servic es Offic e, Inc ., w ith its Permi ssio n Pa ge 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II -LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type . We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1 ,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added : c. If hired "autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of sim i lar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. Exclusions , 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2013 Mercury Insurance Services , LLC. All rights reserv ed . MCA85101213 -CA Includes copyrighted material of Insurance Services Office, Inc ., with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the b. policy; and Any: (1) (2) (3) (4) Overdue lease/loan payments at the time of the "loss"; Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. Security deposits not returned by the lessor; Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. XI. GLASS REPAIR -DEDUCTIBLE WAIVER SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3 . If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies . XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved . MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc ., with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance . However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b . For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business . However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary : MCA85101213 -CA e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc ., with its Permission Page 5 of 6 XVIII. HIRED AUTO -COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following : e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V-DEFINITIONS, C. "Bodily Injury" is amended by adding the following: MCA85101213-CA "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2013 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6