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Agreement - Mintier Harnish - 2013 Agreement for Services - Signed 2022-10-31
City of Gilroy Agreement/Contract Tracking Today’s Date: October 27, 2022 Your Name: Monica Sendejas Contract Type: Services over $5k - Consultant Phone Number: (408) 846-0266 Contract Effective Date: (Date contract goes into effect) 8/1/2013 Contract Expiration Date: 1/1/2023 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Mintier Harnish Contract Subject: (no more than 100 characters) 2013 Agreement for Services - Amendment No. 6 Contract Amount: (Total Amount of contract. If no amount, leave blank) $3,007,002.00 By submitting this form, I confirm this information is complete: ➢Date of Contract ➢Contractor/Consultant name and complete address ➢Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢Taxpayer ID or Social Security # and Contractors License # if applicable ➢Contractor/Consultant signer’s name and title ➢City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation Sharon Goei, Community Development Director DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F -1- 4845-8215-5540v1 MDOLINGER\04706083 SIXTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND MINTIER HARNISH WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Mintier Harnish entered into that certain agreement entitled Agreement for Services, effective on July 13, 2013 hereinafter referred to as “Original Agreement”; and WHEREAS, City and Mintier Harnish have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows: “This Agreement will become effective on August 1, 2013 and continue in effect through December 31, 2023 unless terminated in accordance with the provisions of Article 7 of this Agreement.” 2. This Amendment shall be effective on January 1, 2023. 3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY MINTIER HARNISH By: By: [signature] [signature] Jimmy Forbis Jim Harnish [employee name] [name] City Administrator Principal [title/department] [title] Date: Date: Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F 10/28/202210/31/2022 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY Y/N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 064990819- 06 11/21/21 11/21/22AProfessional Liability EACH OCCURANCE DAMAGE TO RENTED PREMISES (Ea occurance) MED EXP (Any one person) PERSONAL & AND INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG BODILY INJURY (Per person) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURANCE AGGREGATE WC STATU- TORY LIMITS OTHER E.L. EACH ACCIDENT E.L. DISESAE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE N/A $2,000,000 $2,000,000 Per Occurrence: Annual Aggregate: INSURER D: CorRisk Solutions 180 N Stetson Ave Suite 4500 Chicago, IL 60601 Mintier Harnish 1415 20th Street Sacramento, CA 95811 CERTIFICATE OF LIABILITY INSURANCE INSURED PRODUCER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGES DATE (MM/DD/YYYY) 11/29/2021 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: New Hampshire Insurance Company 23841 TYPE OF INSURANCEINSR LTR ADD'L INSRD POLICY NUMBER POLICY EXP (MM/DD/YYYY)LIMITSPOLICY EFF (MM/DD/YYYY) SUBR WVD CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: 312-637-8755 Karen Bronson kbronson@corrisksolutions.com FAX (A/C, No, Ext): CERTIFICATE NUMBER:REVISION NUMBER: City of Gilroy Community Development Department Attention: Stan Ketchum 7351 Rosanna Street Gilroy, CA 95020 Gilroy GPU THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). INSURER E: INSURER F: COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR POLICY PROJECT LOC ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED RETENTION $ OCCUR CLAIMS MADE DOES NOT APPLY DOES NOT APPLY DOES NOT APPLY DOES NOT APPLY The ACORD name and logo are registered marks of ACORD ACORD 25 (2010/05)© 1988-2010 ACORD CORPORATION. Allrights reserved. DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F AGREEMENT FOR SERVICES tuLl This AGREEMENT made this N day of 2013, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Mintier Harnish, having a principal place of business at 1415 201h Street, Sacramento, CA 95811 ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on August 1, 2013 and will continue in effect through December 31, 2017 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. WDOLINGEM10708231 -1- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $1,734,125.00. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. MDOLINGER \1070823.1 -2- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 1MDOLINGER11070823.1 -3- 101712 - 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf, CITY will not withhold state or federal income tax from payment to CONSULTANT; CITY will not make disability insurance contributions on behalf of CONSULTANT; CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. 1MDOLINGER11070823.1 -4- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. 1MDOLINGER11070823.1 -5- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. IMDOLINGER11070823.1 -6- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. 1MDOLINGER11070823.1 -7- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F L Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: Mintier Harnish, Q By: Nam Title Social Security or Taxpayer Identification Number 26- 3650233 Approved as to Form City Attorney . t'`n (:10,04 (oy) 1MDOLINGER11070823.1 -$- 101712- 04706083 CITY: Cl GILROY By: Name: Tom Haglund Title: City Administrator DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F EXHIBIT "A' SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Chelsey Norton, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perfor all operations necessary and requim red to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written Notice to Proceed'', which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Stan Ketchum shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". 1MDOLINGER11070823.1 -1- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F W. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent perfonnance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to 1MDOLINGER11070823.1 -2- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the perfonmance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. WDOLINGEM1070823.1 -3- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F H. NOTICES. Notices are to be sent as follows: CITY: Stan Ketchum City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Chelsey Norton 1415 20 "' St. Sacramento, CA 95811 FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section VAC apply. gj If the box to the left of this sentence is checked, this Agreement does no involve federal funding and the requirements of this Section V.)K do not appi3j. 1. DBE Program tlt- CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. b+ OI.INGERM70823.1 -4- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F EXHIBIT "B" SCOPE OF SERVICES WDOLINGEM1070823.1 101712 - 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F City of Gilroy NEW GENERAL PLAN WORK SCOPE July 25, 2013 Phase 1: Project Initiation Task 1.1 Kick -Off Meeting and City Tour The Consultant and City staff will conduct a kick -off meeting at the outset of the program. This meeting will provide an opportunity to discuss ideas and expectations for the project, refine the scope of work and schedule, confirm roles and responsibilities identify data sources, establish communication protocols, and meet with various City departments to discuss their respective topic areas. As part of this meeting, the Consultant will tour the city to visit potential opportunity sites, new growth areas, and major city amenities and assets that the New General Plan will address. Task 1.2 Organize the Community Engagement Strategy At the start of the process, the Consultant will work with staff to organize a comprehensive Community Engagement Strategy that will be used throughout the New General Plan process. The Community Engagement Strategy will detail outreach responsibilities and describe how the outreach program will be structured to ensure residents, businesses, property owners, and other community stakeholders are aware of and engaged in the project, have multiple opportunities to provide feedback, and see their input and ideas are being validated and reflected in the work products. The Strategy will include, at a minimum, the following activities: Subtask 1.2.1: Meetings with Community Organizations. The Consultant and City staff will attend standing meetings of various community groups and organizations (e.g., Gilroy Economic Development Corporation, Gilroy Chamber of Commerce, Gilroy Hispanic Chamber of Commerce, Downtown Gilroy Business Association, Healthy Gilroy Coalition, Save Open Space Gilroy, Save our Gilroy Foothills, Greenbelt Alliance, Committee for Green Foothills) to discuss the important role of the public in the New General Plan process and solicit input. The Consultant will attend up to 12 meetings. Subtask 1.2.2: Outreach to the Latino Community. The Consultant will provide two types of translation services for the project: verbal translation and translation of written materials. All community workshops will be held in both English and Spanish. Presentations, posters, handouts, and all other written material will be available in both languages, and a Spanish translator will be present at each community workshop. For verbal translation services, the Consultant has found that individuals are more comfortable participating in the planning process when a local community group or organization is involved. The Consultant will work closely with local Latino organizations and individuals to reach out to the Latino community and ensure they are engaged in the process. The Consultant will advertise workshops on local 1 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Spanish - language television and radio stations, Spanish - language newspapers, and using flyers and posters in Spanish. Subtask 1.2.3: Branding and Project logo. The Consultant will develop an overall brand for the New General Plan. This will be carried through all materials, the project website, and presentations in an effort to build enthusiasm about the updates and ensure that this effort is distinct in the minds of the public and stakeholders. The City will be given several options to choose from and will have final approval of the overall theme. Subtask 1.2.4: Focus Group Meetings. The Consultant will hold focus group meetings organized around key General Plan topics, including, but not limited to: economic development, transportation and mobility, and housing. The Consultant will work with City staff to invite key community members and representatives focused on the specific topics; however, we envision the meetings would be open for anyone from the public to attend. The focus groups will facilitate in -depth discussions of topical issues, opportunities, and choices. Each focus group will serve as a sounding board for City staff and the Consultant. The Consultant will attend up to six meetings. Subtask 1.2.5: Events /Festival Booths. The Consultant will assist City staff with the organization of and support materials for an information booth (or kiosk) to be used at community events and festivals. The information booth will "take the project to the people." It will display information and exhibits, and allow community members to provide input in the process. The booth can be set up at community events, farmers markets, and other key locations where people gather. Information and exhibits will change as the New General Plan process progresses. Subtask 1.2.6: Youth Engagement. The Consultant will make a particular effort to engage young people in Gilroy. The Consultant will work with City staff, the Gilroy Unified School District, and /or Gavilan College to develop outreach materials and methods that will appeal to the youth, including the use of social media, targeted meeting flyers, and educational materials that appeal to the younger generation. The Consultant will prepare a curriculum and materials that teachers and volunteers can use to engage students and youth in local schools or during recreation programs. The Consultant will also explore the possibility of hiring individual students and student organizations to be directly involved in focused outreach efforts on and off campus. Task 1.3 Create Project Website The Consultant will design, develop, and maintain a New General Plan website. The website will be built on a user - friendly platform that allows quick and easy updates to the site from any internet connection. The website will be highly graphical and will include a unique layout and design to make it stand out from the rest of the City's website. In addition to being an important public outreach and information tool, the website will serve as an administrative record of the project, since it will include all meeting announcements /materials, draft and final documents, and workshop summaries. At a minimum the website will include: Project information including an overview and purpose of the New General Plan. Answers to frequently asked questions and fact sheets regarding the process. The project schedule and a listing of workshops, meetings, and events. 2 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F A library with all relevant documents, presentations, and materials produced for public meetings and workshops, and all drafts and materials produced for the New General Plan. Project contacts including a place to subscribe for newsletters and e- blasts, and a place to provide comments. Button links for social networking sites (e.g., Facebook "like" button) to allow users to promote the information. A prominent link to the MindMixer Town Hall Forum. Task 1.4 Set up MindMixer Town Hall Forum The Consultant will work closely with City staff and MindMixer staff to set up a Town Hall Forum site for the New Gilroy General Plan. At the start of the project, the Consultant will design and develop the look and content for the site. The Consultant will upload photos, film an introductory video, and post our initial community engagement topics. Once the site is live, the Consultant will prepare press releases, email blasts, and other outreach materials to drive traffic to the site. If desired, the Consultant will also train City staff to administer the site, so it can be maintained beyond the New General Plan project as an ongoing forum for general civic engagement. The consultant will work with city staff to determine the appropriate mix of services and activities, which may include on -line community opinion surveys, an on- line venue to share ideas and discuss important community issues, and an Online Townhall Forum that mimics the Community Workshops. Task 1.5 Form and Hold the First Meeting of the Technical Advisory Committee The Consultant will work with City staff to form a Technical Advisory Committee (TAC) made up of department heads and staff from various City departments and some outside agencies. The TAC will meet at key points in the process to provide technical review and input. The Consultant will prepare all meeting agendas and guidance materials for the TAC meetings. The Consultant will facilitate the first TAC meeting. The Consultant will discuss the role and responsibilities of the TAC and the internal communication protocols. The Consultant will provide an overview of the Project work program and schedule. The Consultant will discuss in detail the responsibilities of the TAC members for providing data for the Background Reports. Task 1.6 General Plan Advisory Committee Meeting #1 The Consultant will work closely with City staff throughout the project to coordinate and facilitate all General Plan Advisory Committee (GPAC) meetings, including preparing all meeting materials and action summaries. The Consultant will help develop operating procedures for the GPAC and schedule the meetings. The Consultant and staff will facilitate the first GPAC meeting. The Consultant will discuss the role and responsibilities of the TAC, the internal communication protocols, and provide an overview of the Project work program and schedule. The Consultant will provide draft operating procedures for GPAC discussion and consensus. The Consultant will also provide the GPAC an overview of the content, approach, and expected outcomes of the All -Hands Kick -off Workshop and Community Workshop #1 Task 1.9). 3 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 1.7 All -Hands Kick -Off Workshop with the City Council, Planning Commission, GPAC, and Other City Commissions The Consultant will facilitate a three- to four -hour workshop to provide a detailed discussion of what is ahead on the New General Plan project. The workshop will include key City staff, TAC members, GPAC members, Planning Commissioners, and City Council members, as well as members of the Parks and Recreation, Bicycle and Pedestrian, Arts and Culture, and Youth Commissions. Given the importance of the New General Plan, it will be important for everyone to have a clear understanding of what to expect. This workshop will provide a common understanding of the need for and purpose of the General Plan, the key steps in the preparation process, the outreach program, legislative mandates, and other important issues affecting the General Plan preparation process. The workshop will also help establish stronger working relationships between our Consultant Team and the City. The workshop will be an open public meeting. Key topics for the workshop include: Project Organization Purpose and history of general plans Recent changes in State law and general plan practice Project team and responsibilities Role of the community at large, GPAC, Planning Commission, and City Council Work program and schedule overview Preparing the New General Plan Conducting public outreach Conducting background research on existing conditions Identifying key issues and opportunities Adopting a vision and guiding principles Developing and evaluating land use and policy alternatives Selecting a preferred land use alternative Drafting new goals, policies, and programs Integrating the Climate Action Plan and preparing a General Plan that serves as a qualified plan for the reduction of GHG emissions Evaluating and Adopting the New General Plan Using the New General Plan Program EIR to create a self- mitigating general plan Evaluating policy implementation effects Addressing recent CEQA case law related to general plans Conducting public hearings and adopting the New General Plan Implementing and maintaining the New General Plan Task 1.8 Newsletter #1: New General Plan Process The Consultant will prepare a newsletter that describes what a general plan is, how and why it is being revised, the project schedule, and how the public can participate. The newsletter will be used to promote the MindMixer Town Hall Forum and the first community workshop. 4 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 1.9 Community Workshop #1: Issues, Opportunities, and Assets We will facilitate a community workshop to present an overview of the project, discuss why the update is important, and conduct a series of interactive exercises. The workshop will provide residents and business owners with an opportunity to provide input on what they feel are Gilroy's most important assets and opportunities for the future, and what critical issues and topics should be addressed in the New General Plan. The exercises will be fun and engaging, and will build on the feedback gathered from the MindMixer Town Hall Forum. We will prepare bilingual meeting materials and meeting facilitators for the workshop and develop a bilingual meeting summary. Phase 2: Background Report Task 2.1 GIS Database and Project Base Maps The Consultant will work with the City to define GIS system needs, identify available resources, and create a comprehensive GIS database. The Consultant will start by working with City staff to gather and format information for a Geographic Information Systems (GIS) database covering the Planning Area. The Consultant understands that the City has an ArcGIS -based system that includes many data layers, including geographic features, utilities and public services, and zoning, but not a General Plan Land Use layer. At the start of the projects the Consultant will digitize the existing General Plan Land Use Diagram in ArcGIS to be used as a starting point for preparing the New General Plan Land Use Diagram. The Consultant will work with the City to determine the Planning Area. The Consultant will prepare a uniform GIS base map for this project that will be used in reports and display presentations, including establishing a uniform legend and title block for use on all maps prepared as part of the planning documents. At the culmination of the New General Plan process, the Consultant will provide the City with the GIS maps and associated files developed during the update process, including a new GIS -based Land Use Diagram. The Consultant will develop all GIS data and mapping consistent with City protocols and data formats to ensure easy integration into the City's system. Task 2.2 Administrative Draft Background Report The Consultant will prepare an Administrative Review Draft Background Report and submit it to City staff for review and comment. The Report will highlight future opportunities and constraints and lay the groundwork for subsequent policy development. The Background Report will include maps, graphics e.g., charts, graphs), and photographs to illustrate trends and make information easy to understand. Each topic area of the report will be organized as follows: Introduction to the topic area, its planning implications, and why it is important to Gilroy. Key Terms to be familiar within the context of planning and the General Plan. Regulatory Setting that governs the topics discussed. Existing Setting that describes on- the - ground conditions in and around Gilroy. Conclusions and Findings of the information as it relates to Gilroy's present and future. References for documents, data, and individuals sourced. The Background Report will cover the following topics, using a chapter structure and organization to be determined. 5 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Land Use and Community Character. The Consultant will analyze the existing General Plan land uses and adopted specific plans that affect development in Gilroy. The Consultant will map and analyze existing land uses and identify opportunities and constraints for future development. The Consultant will also describe regional planning efforts affecting the city. The Consultant will summarize the community character of Gilroy's neighborhoods and districts. This will include describing architectural patterns, community gateways, and major geographic features that define the character of Gilroy. Housing. The Consultant will update the existing Housing Element Background Report for the 2014 through 2022 planning period. See Phase 9: Housing Element Update for a full description of the Housing Element Background Report. Transportation and Mobility. The Consultant will compile data and information on the existing transportation system, including roadways, transit services, and bicycle and pedestrian facilities. The Consultant will prepare a detailed description accompanied with maps of the circulation and transit systems, and document gaps in existing bicycle and pedestrian facilities. The Consultant will obtain recent traffic counts from Caltrans, VTA, the City, and recently completed traffic studies. However, additional traffic counts will be needed. The Consultant will conduct new AM and PM hour counts at 20 intersections and 20 roadway segments. Economics and Demographics. As part of the analysis of existing conditions, the Consultant will examine the demographic, employment, and market demand measures for different land uses, including retail. For the demographic information the Consultant Team will use a combination of primary data from the U.S. Census of Population, the American Community Survey, the Local Employment Dynamics database, Association of Bay Area Governments (ABAG), and the California Department of Finance. This data will be supplemented by information provided by City staff, and include measures and trends such as population, housing characteristics, income distribution, educational attainment, ethnicity, commute patterns, and tenure. In order to ascertain the employment trends, the Consultant will use the employment and labor force database from Economic Modeling Specialists Intl. (EMSI). This database includes detailed economic characteristics at the city level, such as employment by industry and occupation, the labor force requirements, and projected growth by industry and occupation. For the existing conditions report, the Consultant will prepare an overview of these economic characteristics, and analyze the recent industry employment trends to identify the leading sectors in Gilroy's economic base. The EMSI data would also form the informational foundation for the Economic Development Strategic Plan (EDSP), where the data will be analyzed in greater detail. Other market demand factors, such as the supply of land for different uses (employment - generating and residential), will also be analyzed in conjunction with other tasks during the General Plan process. The Consultant will produce a market analysis that addresses future demand for different land uses. As a baseline overview of potential demand for these specific land uses, the Consultant will consider employment projections from EMSI, ABAG, and other sources. However, the Consultant will produce independent employment growth forecasts that will identify a range of potential needs for different types of spaces. The future land use alternatives will be compared with these projections in order to identify any adjustments that might be needed. DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F For the local demand component, the Consultant will analyze the retail market in Gilroy and look at business -to- business transaction patterns. The Consultant will augment the leakage analysis prepared for the City by Muni - Services, to focus on current and projected trends in market conditions relevant to major sales tax centers and businesses in Gilroy, including the outlet center, the auto centers, and major discount centers, among others. The Consultant will prepare a projection of future market growth for Gilroy based on anticipated household growth and trends in the regional market area. Based on this analysis the Consultant will develop recommendations for strategic actions and policies to help support the City's retail sector and address potential market threats related to changing market conditions. The analysis of business -to- business transactions will use ZIP code level data from the IMPLAN input- output model and look at the extent to which different supplier commodities and services are supplied locally. For residential uses, the Consultant will identify the housing needs in order to meet different jobs- housing balance levels. This baseline information will be used to help formulate the alternatives, and evaluate how each of the alternatives addresses different planning objectives. The Consultant will also look at the current job- housing balance, and use the labor force data and commute patterns to assess housing needs. Using the Local Employment Dynamics (LED) data and occupational employment statistics from EMSI, the analysis will look at how the existing labor force patterns compare with the employment base. The distribution of occupational employment and labor force by occupation can serve as an indicator for the types of housing that the labor force and job base will demand. In addition, the Consultant will take a detailed look at the commute patterns to see where Gilroy residents are employed and in what industries. The analysis will also look at where workers commuting into Gilroy come from, and identify potential housing needs from the in- commute as well. The Consultant will also identify the existing service levels for various institutions in Gilroy, such as education and health care facilities, and compare them with other communities. This will help assess future needs, based on population and /or employment growth. 7 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Biological Resources. The Consultant will summarize sensitive habitats, principal vegetation cover types, and special- status and endangered species. This will include primary source material from the Santa Clara Valley Habitat Plan, supplemented with limited windshield surveys and existing biology studies completed for the city. Cultural Resources. The Consultant will summarize historic structures and locations, and conduct archeological sensitivity analyses for both prehistoric and historic sites using records maintained at the regional information center and in published research papers. The Consultant will ensure that appropriate individuals are contacted with the surrounding Native American Tribes to ensure sensitive cultural resources are documented appropriately. This section will include areas for the protection of cultural resources consistent with recent State mandates (SB 18). Open Space and Recreation. The Consultant will describe existing and planned City parks, recreational facilities, recreation programs, and open space areas. Based on level of service standards, the Consultant will identify any gaps in services and facilities. This section will also document soil types and resources that support open space and other areas. Hazards and Safety. The Consultant will summarize existing natural and manmade hazards, such as earthquakes, flooding, fire hazards, and hazardous materials. The Consultant will summarize the geological environment and associated hazards. This section will address Seismic Hazard Zones (i.e., Seismic Hazards Mapping Act of 1990 and the Alquist - Priolo Earthquake Fault Zoning Act of 1972) and soil strength properties. The Consultant will summarize major creeks, streams, and dry river washes, and will summarize the latest FEMA floodplain mapping to illustrate potential safety and development constraints. The Consultant will summarize urban and wildland fire risks, fire hazard risk areas, and fire protection resources. The Consultant will summarize major users and producers of hazardous materials. Noise. The Consultant will review existing noise data, including recent EIRs, and summarize the existing noise environment in Gilroy resulting from major roadways and highways, railroad operations, airports, and stationary noise sources and activities. The Consultant will also document existing noise sensitive areas and sites. The Consultant will also summarize current information on ground vibration. The Consultant will develop and implement a noise monitoring program in close coordination with City staff. The Consultant will also update existing noise contours based 'on the data collected during the noise monitoring survey and traffic data provided by the City. Public Facilities, Services, and Infrastructure. The Consultant will summarize infrastructure, resources, services, and facilities related to: water supply and delivery, wastewater collection and disposal, stormwater drainage, solid waste and recycling, energy and telecommunications, law enforcement, fire protection, health care, schools and education, and government services. For each of the topical areas described, the Consultant will identify planned facility improvements and estimate future demands based on projected development compared to available capacity and planned improvements, identifying potential facility and /or service shortfalls. The Consultant will also assess if the New General Plan must include information related to recent State mandates that require cities to identify service needs for unincorporated disadvantaged communities (SB 244). 91 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Hydrology and Water Quality. The Consultant will summarize sources of groundwater and surface water, water consumption rates, measures used to conserve water,. and renewable water facilities and resources. This section will document potential pollution sources, areas susceptible to water quality degradation, and source issues and capacity constraints. Air Quality. The Consultant will summarize existing air quality conditions within Gilroy and the nearby vicinity. This will specifically include the location of existing sensitive receptors and emission sources, existing mass emissions, ambient air quality concentration data from the most applicable monitoring station(s), attainment designations, and natural factors that relate to the transport and dispersion of air pollutants. This summary will include applicable Federal, State, and local regulations, as well as thresholds of significance recommended by BAAQMD and rules for which compliance will be required. Climate Action Planning. The Consultant will describe the existing global climate change regulatory framework, including applicable Federal, State, and General Plan policies, regulations, and programs that will reduce GHG emissions. Much of the information in this report will be based on available relevant information from regional (e.g., BAAQMD) and local sources (i.e., Climate Action Plan), including GHG emission inventories and emission reduction targets that were developed as part of the Climate Action Plan. The consultant will coordinate with the City of Gilroy participation in the Santa Clara county Multiple Climate Action Plans peroject. Healthy Communities. The Healthy Communities chapter will examine public health challenges facing Gilroy and identify opportunities for improving health and well -being of residents though a variety of land use, transportation, and other built environment strategies. Our analyses will shed light on key public health issues impacted by the built environment including: obesity, chronic diseases, lack of physical activity and unhealthy eating, injuries, asthma, and health disparities. The Consultant will look at the impact of these issues on special populations such as children, youth, and seniors. The Consultant will also identify a set of healthy community indicators that will be used to describe community factors in Gilroy that support or act as barriers to active and healthy lifestyles. The Consultant will use GIS maps and graphics to present these findings and illustrate the local "place- health" connections. Task 2.3 TAC Meetings #2 and #3 During the preparation of the Background Report, the Consultant will meet with the TAC twice to review information on existing conditions described in the Administrative Draft Background Report. It is expected that the TAC will provide general comments to the Consultant and direction on where to obtain additional information. Task 2.4 GPAC Meetings #2 and #3 During the preparation of the Background Report, the Consultant will conduct two meetings with the GPAC. At the first meeting the Consultant will provide an overview of the key topics addressed in the general Plan, including economic development, complete streets, healthy communities, sustainability, and SB 375. The purpose of this presentation is to help establish a common understanding about the most current planning issues and how they will be addressed in the General Plan. At the second meeting the Consultant will present the conclusions and key findings from the Background Report and 9 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F discuss the draft Issues and Opportunities Summary Report. The Consultant will also facilitate a discussion with GPAC members to determine which Background Report conclusions and findings and /or issues identified during the first community workshop should be further evaluated to develop land use alternatives and /or policy options for further review and discussion during subsequent phases. Task 2.5 Public Review Draft Background Report Following review by City staff, TAC, and GPAC, the Consultant will revise the Administrative Draft Background Report and prepare a Public Review Draft Background Report. Task 2.6 Issues and Opportunities Summary Report Following review by City staff and GPAC, the Consultant will prepare an Issues and Opportunities Summary Report that highlights the key issues and opportunities facing the city. The summary will be based on the major findings from the Background Report and input from the first community workshop and MindMixer Town Hall Forum. Task 2.7 Newsletter #2: Issues and Opportunities Summary The Consultant will prepare a newsletter that highlights the key issues and opportunities facing the city. The newsletter will also be used to advertise the upcoming community workshop in Phase 3. Task 2.8 GPAC Meeting #4 The Consultant will facilitate a GPAC meeting to prepare for Community Workshop #2. The Consultant will discuss the objective of the workshop, discuss the agenda, present the PowerPoint presentation, and review the workshop exercises. The Consultant will solicit feedback from GPAC members. The Consultant will also discuss ways that GPAC members can generate interest in and attendance at the workshop. Phase 3: Vision and Guiding Principles During this phase the Consultant will work with community members and leaders, the GPAC, the Planning Commission, and the City Council to prepare a vision and set of guiding principles for the New General Plan. The vision will capture Gilroy's key values and aspirations and illustrate what the city could be in the future. The guiding principles will establish policy benchmarks for the rest of the New General Plan process and, ultimately, regulatory document updates and future land use decisions. The draft vision and guiding principles will be used to direct the development and evaluation of land use alternatives and New General Plan policies. Upon adoption the vision and guiding principles will become part of the New General Plan. Task 3.1 Community Workshop #2: Envisioning Gilroy The Consultant will conduct a second Community Workshop to gather community input for the vision and guiding principles. Residents will participate in a visioning exercise to identify values and build consensus on a few "big ideas" for Gilroy's future, during which the Consultant will facilitate a dialogue about the essential principles that form the foundation of the New General Plan. Participants will discuss 10 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F their vision for quality of life; mix of uses, physical character, and design; economic vitality; environmental quality and sustainability; and other characteristics of the city. Workshop participants will be asked to answer and rank answers to questions such as: What would you like the city and your neighborhoods to look like in the future? What words do you want your children and grandchildren to use to describe Gilroy? The MindMixer Town Hall Forum offers the opportunity for more people to provide input on the vision and guiding principles. The Consultant will produce a summary report of the input gathered from participants at the Community Workshop and on the MindMixer Town Hall Forum. The Consultant will prepare bilingual meeting materials, provide meeting facilitators for the workshop, and prepare a bilingual meeting summary. Task 3.2 Preliminary Draft Vision and Guiding Principles Based on input from the GPAC and Community Workshop #2, the Consultant will prepare a Preliminary Draft Vision and Guiding Principles, which will address topic areas such as: Key locations and opportunity areas, historic neighborhoods, and focused infill areas. Community heritage and character, such as civic engagement, unique places and features, unique qualities and characteristics of Gilroy's neighborhoods, centers, buildings, and historic structures. Land use and development trends, such as growth rates and boundaries, location and mix of uses, desired densities, infill and reuse, "green" and sustainable development, compatible design, and healthy communities. Housing, such as dwelling unit types, choices, location, and affordability. Economic development opportunities, such as green jobs, employment growth, jobs- housing balance, and revitalization and redevelopment. Mobility, such as connectivity and accessibility, alternative transportation options (e.g., public transit, biking, walking), complete streets and walkable neighborhoods, automobile movement, and goods transport. Open space and parks and recreation, such as the location, connectivity, and accessibility of parks and open spaces, recreation programs, and cultural resources. Conservation and environmental resources, such as water and air quality, water and energy consumption and conservation, agriculture and open spaces, and the urban forest. Public safety, such as social equity and vulnerability to natural and manmade hazards. Task 3.3 GPAC Meeting #5 The Consultant will facilitate a meeting with the GPAC to review community workshop results, and discuss and refine the Preliminary Vision and Guiding Principles. The Consultant will also facilitate a discussion about potential opportunity sites to evaluate in Community Workshop #3. The Consultant will summarize input on the Preliminary Vision and Guiding Principles from the GPAC. 11 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 3.4 City Council and Planning Commission Study Sessions: Visioning The Consultant will conduct two study sessions, one with the Planning Commission and one with the City Council, to review and refine the Preliminary Draft Vision and Guiding Principles. The Consultant will present input from the community workshops and GPAC, and engage the City Council and Planning Commission in a discussion to refine the Vision and Guiding Principles to reflect their expectations and desires for the city. Task 3.5 Final Draft Vision and Guiding Principles Based on City Council and Planning Commission direction, the Consultant will prepare the final draft Vision and Guiding Principles. Reaching agreement on a vision and broad principles early on will establish a clearer path for alternatives evaluation and policy development. Ultimately, the Vision and Guiding Principles will be incorporated into the New General Plan. Task 3.6 Newsletter #3: Vision and Guiding Principles The Consultant will prepare a newsletter that describes the vision and guiding principles, and the process of reaching a consensus on a shared vision for the New General Plan. The newsletter will also be used to generate public interest and attendance at community workshops on the alternatives in Phase 4. Phase 4: Land Use Alternatives During this phase the Consultant will work with community members, the GPAC, the Planning Commission, and the City Council to develop, evaluate, and compare land use and policy alternatives. The Alternatives will illustrate future development options for achieving the City's Vision. The culmination of this phase will be selection by the City Council of a Preferred Land Use Alternative that will be the basis for the New General Plan. Task 4.1 Community Workshop #3: Land Use Concept Charrette The Consultant will facilitate a third community workshop which will be an all -day charrette where participants will move between different stations designed to gather specific community input, through interactive conversation and recorded notes on maps, for important development sites located throughout the city. The areas used at the charrette will be selected to provide a range of site types e.g., new growth areas, infill development areas) where public input will not only be helpful for that site, but will also provide insight on concepts useful for other sites in the community. The Consultant will work with City staff and the GPAC to identify the sites. Using a site plan to record ideas, the Consultant will ask participants to engage in conversation about the site concerns, ideas, and issues, and potential solutions. The Consultant will record the ideas either directly on the map, or through use of post -its placed on the plans. To help spark conversation, our urban designers will draw potential ideas and solutions from which to gather community reaction. Questions might include: What is your big idea for the future development of each area? 12 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F How should each area be connected to the rest of the city? What's the best way to get in, out, and around the area? Would changes need to be made to make this area more accessible? Which types and intensities of development and uses should be part of this area's future? Are there other areas of the city you would like to see re- imagined? How would you like to see them change? The input the Consultant gathers at the charrette will be used in the development of alternatives, for both land use and circulation concepts. The same information will be presented on the MindMixer Town Hall Forum with the opportunity for participants who do not attend the workshop to submit their ideas. The Consultant will prepare bilingual meeting materials, provide meeting facilitators for the workshop, and develop a bilingual meeting summary. Task 4.2 TAC Meeting #4 The Consultant will meet with the TAC to provide an overview of the General Plan Project to date and review the results of Community Workshop #3. The Consultant will work with the TAC to define the land use alternatives and refine the list of topics on which to evaluate the alternatives. The Consultant will also review and discuss policy options with the TAC. This task may require an additional TAC meeting or conference call. Task 4.3 GPAC Meetings #6 and #7 The Consultant will present a summary of the ideas generated at the community workshop and recommendations of the TAC. The Consultant will work with the GPAC to define the land use alternatives and refine the list of topics on which to evaluate the alternatives. The Consultant envisions this process will require two meetings with the GPAC to first review community input and identify land use alternative concepts, and then react to draft land use alternatives prepared by the Consultant Team. Task 4.4 Develop Land Use and Policy Alternatives The Consultant will work with City staff and the GPAC to develop three alternative land use scenarios for the city based on data research and analysis, and ideas presented at the community workshop. This will include an existing trends scenario and two alternative growth scenarios that explore development options for key sites, approaches for commercial corridors, and corresponding circulation options. Given the amount of potential greenfield development that could be accommodated in the Glen Loma Ranch and Hecker Pass specific plan areas at the city outskirts coupled with the potential for infill and redevelopment within the Downtown Gilroy Specific Plan area around the High Speed Rail Station, the Consultant envisions the alternatives will focus on different approaches for balancing outward growth with inward - focused development. The Consultant will coordinate development of the land use alternatives with the High Speed Rail station Master Plan process. In addition to land use scenarios, the Consultant will also develop policy options to address key programmatic issues and opportunities (e.g., alternative policy approaches guiding City expansion and annexations or establishing sustainable growth criteria). The Consultant will review existing land use designations, specific plans, and Zoning districts and propose a set of updated land use designations on which to base the land use alternatives. The land use designations will include standards of population density and building intensity as well as guidelines for 13 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F urban form. The designations will be illustrated with graphics and images to show the intended development outcome. The Consultant will provide technical analysis to estimate a balanced land supply for the different components of market demand through the planning horizon year. Important considerations for land supply in each land use alternative include the following factors: Rate of population and employment growth in the city compared to nearby jurisdictions. Trends in residential, office, and retail development. Capacity within the city, Planning Area, or phased growth areas. Impact of infill, increased residential density, and labor market needs. Fiscal implications of different land use patterns. Infrastructure implications, including sewer, water, drainage, flooding, circulation (particularly in the northeast area), trails, parks, and community facilities. The primary purpose of a market demand analysis prior to formulation of land use and policy alternatives is to present more realistic scenarios of growth and to quantitatively compare the impact of key land use policies. Building on the market and site analysis prepared for the EDSP, the Consultant will also produce a market analysis that addresses future demand for different land uses. As a baseline overview of potential demand for these specific land uses, the Consultant will look at employment projections from EMSI, ABAG, and other sources. The employment growth forecasts will identify a range of potential needs for different types of spaces. The future land use alternatives will be compared with these projections in order to identify any adjustments that might be needed. For residential uses the Consultant will identify the housing and job needs in order to meet different jobs- housing balance levels. This baseline information will be used to help formulate the alternatives, and evaluate how each of the alternatives addresses different planning objectives. Task 4.5 Alternatives Evaluation The Consultant will evaluate the three land use alternatives in terms of implications of land use, public facilities and services, economic impact, and the natural environment. Specific areas that will be addressed and compared include: Land use and development, such as planning area, city limits, and opportunity area buildout projections (i.e., dwelling units, building square footage, population, and employment) and timing, infill and redevelopment potential, and agricultural land conversion. Urban design criteria to promote future development that builds on the city's existing desirable features and facilitates improvements to areas that will likely undergo change during the time frame of the New General Plan. Housing, such as dwelling unit types, choices, location, and affordability. Financial performance, such as the ability of the City under each alternative to provide long- term funding for public services or facilities in keeping with City park and recreation, public safety, transportation, and general government needs. Circulation and transportation, such as traffic forecasts (e.g., vehicle miles traveled, hours of delay, and numbers of trips generated) and transportation infrastructure demands. Public infrastructure and service demands (e.g., water, wastewater, drainage, police, fire safety). Open space, parks, and recreation, the demand for parks, open spaces, recreation programs, 14 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F and impacts to cultural resources. Conservation and environmental resources, such as farmland protection in key mitigation zones, water and air quality, water and energy consumption, climate change, and GHG emissions. Public safety, such as vulnerability to natural and manmade hazards (e.g., floods, heat waves). Subtask 4.5.1: Fiscal Impact Analysis. To analyze the general plan alternatives, the Consultant will conduct a site analysis and fiscal impact analysis, building on the market and site analysis previously conducted for the Economic Development Strategic Plan (EDSP). To augment the EDSP analysis, additional site analysis will look at the development requirements for different land uses or development intensities that have not been addressed in the EDSP. Concurrently, the Consultant will prepare a fiscal impact analysis that correlates the existing land use pattern to the revenues and costs included in the existing City budget. The analysis will incorporate details of land use type, density, and location that will help provide perspective on the impacts of the future land use alternatives for the general plan. The Consultant will develop a fiscal model through analysis of the City budget, existing land use data, and discussions with the City department officials regarding existing and planned service levels. Existing service areas and capacities will be addressed and issues related to the size, location, and density of development will be evaluated. For example, development in the central portion of the city may have different service impacts than development in outlying areas. The Background Report will be written to provide information to the public about how City services and facilities are funded to aid them in considering how future land use decisions may affect City finances. Subtask 4.5.2: Travel Forecasting. The Consultant will prepare a traffic and transportation analysis that will rely heavily on travel forecasts that will be developed with a state -of- the -art and up -to -date travel forecasting model. The Gilroy citywide model will be based on VTA's most recent countywide model. The Consultant will complete the following tasks as part of the modeling process: Refine and Validate the Model: This task will be completed as part of the contract for the Gilroy High -Speed Train (HST) Station Area Planning Project. This task must be completed by April 15, 2014. Develop Future Land use Data Files: The Consultant will work with City staff to develop land use forecasts for the General Plan alternatives. The Consultant will develop a land use data base at the traffic analysis zone level that includes detailed land use and socio- economic data. The land use and demographic data used by the model is expressed in terms of the number of households, household population, household income, six types of employment (retail, service, other, agricultural, manufacturing, and wholesale) and school enrollment (elementary, high school, and college). VTA staff developed the future land use data estimates with input from the cities. The next step in the land use development process is to disaggregate the original VTA land use data estimates into the new Gilroy- specific traffic zone structure. This process involved estimating the proportion of jobs, houses and students contained in each of the new Gilroy traffic zones. Transportation Improvements: The Consultant will work with VTA and City staff to determine which regional and local transportation improvement projects will be assumed for the General 15 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Plan horizon year. The model's transportation networks (highway and transit) will be updated to reflect these improvement projects. Develop Forecasts: The Consultant will prepare forecasts of future demand on the City's transportation system using the new City of Gilroy travel demand model. This model uses transportation planning formulas to convert forecasts of future land use into the number and distribution of future vehicle trips on the roadway network and transit ridership on the transit system. Peak -hour traffic volumes (peak -hour intersection turning movement volumes and roadway segment volumes) and transit ridership on the public transportation system (bus routes and Caltrain) will be forecasted by the model. Other model outputs will include vehicle miles traveled, hours of delay, travel speeds, the number of trips generated by the alternatives, and trips by mode (drive alone, carpool, transit, bike, and walk). The model can also be used to test the impacts of HOT lanes. Model Adjustment Interface: Although the model will be calibrated against existing traffic counts and should reflect existing travel patterns reasonably well, it is not recommended to use model forecasted turning movements at intersections verbatim. Therefore, the Consultant will adjust the model forecasts based on existing traffic counts, base year, and future year model volumes. Review and Report Forecasts: The Consultant will review the output data from the model forecasts to ensure that the results are reasonable and reflect expected changes in traffic as a result of the assumed land use growth and transportation improvements. The Consultant will develop adjusted intersection turning movements and volumes for input into the General Plan traffic analysis. Task 4.5.3 Analysis of Specific Development and Expansion Areas The Consultant will research and compare general needs of target economic activities with existing land, buildings, and infrastructure. The Consultant will identify development prototypes that meet these target sector needs. The consultant will develop pro forma analysis to assess project types' financial feasibility. Among potential land uses, the Consultant will compare financial feasibility, fiscal impact, catalytic potential, and compatibility with surroundings. The Consultant will provide place- specific strategies to promote economic development. Task 4.6 Administrative Draft Alternatives Report The Consultant will compile the information prepared in Tasks 4.4 and 4.5 into an Administrative Draft Alternatives Report for City staff review. The Alternatives Report will provide a comparative analysis of the three land use alternatives. It will be a highly - graphical report that uses photo simulations and charts and graphs to illustrate the various land uses and urban form envisioned in the different alternatives and the varying implications. 16 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 4.7 TAC Meeting #5 The Consultant will meet with the TAC to review the Administrative Draft Alternatives Report and gather feedback focused on the accuracy of the content and alternatives evaluation. This task may require an additional TAC meeting or conference call. Task 4.8 GPAC Meeting #8 The Consultant will facilitate a meeting with the GPAC to review and discuss the Administrative Draft Alternatives Report. The Consultant will revise the Report based on GPAC input. Task 4.9 Draft Alternatives Report Following review by City staff, TAC, and the GPAC, the Consultant will revise the Alternatives Report to reflect suggested changes and publish the Draft Alternatives Report. Task 4.10 Newsletter #4: Alternative Futures The Consultant will prepare a newsletter that summarizes the Draft Alternatives Report. The newsletter will be used to educate community members on the alternatives process and generate public interest and attendance for Community Workshop #4. Task 4.11 Community Workshop #4: Selecting a Preferred Alternative The Consultant will facilitate a community workshop to gather feedback on the land use alternatives, specifically highlighting the GPAC - preferred alternative. The Consultant will present illustrations that depict the physical form and character of each of the alternatives, and discuss the environmental, social, and fiscal implications of each alternative. An interactive mapping exercise will engage residents in ranking and selecting their preferred alternatives. The mapping exercise will also be available for input through the MindMixer Town Hall Forum. The Consultant will also prepare bilingual meeting materials, provide meeting facilitators for the workshop, and prepare a bilingual meeting summary. The Consultant will produce a summary report of the input gathered from participants at both the Community Workshop and the MindMixer Town Hall Forum. Task 4.12 GPAC Meeting #9 The Consultant will facilitate a meeting with the GPAC to review the results of Community Workshop #4 and build a consensus around a GPAC - preferred alternative for recommendation to the Planning Commission and City Council. While the preferred alternative may be one of the alternatives presented to the GPAC, it is likely that it will be a hybrid alternative of components from more than one alternative. Task 4.13 Final Alternatives Report Following selection of a GPAC - preferred alternative, the Consultant will prepare an evaluation of the GPAC - preferred alternative and publish it in the Final Alternatives Report for review by the community, Planning Commission, and City Council. 17 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 4.14 City Council and Planning Commission Study Sessions: Alternatives The Consultant will hold two study sessions, one with the Planning Commission and one with the City Council, to review the Alternatives Report and the results and recommendations from the GPAC and community workshop. The Consultant will solicit input on their preferences for the city's future growth and development, and seek a recommendation on a preferred alternative. Task 4.15 Prepare Preferred Alternative Based on direction from the Planning Commission and City Council, the Consultant will work with City staff to prepare a preferred alternative, which will be the basis for the new Land Use and Circulation Diagrams. The Consultant will also prepare a description of the key growth and development components that will guide the preparation of the New General Plan goals, policies, and implementation programs. Phase 5: Prepare the General Plan During this phase the Consultant will prepare the New General Plan. The New General Plan will carry forward the best parts of the existing 2002 General Plan and refine existing policies to reflect the new vision and guiding principles, issues and opportunities, State laws and mandates, and local and regional efforts (e.g., HSR Station Area Plan, Climate Action Plan, Santa Clara Valley Habitat Plan, One Bay Area Plan). Blended throughout the Plan will be goals and policies that facilitate sustainable development practices and community resiliency, and the safety, economic, and social needs of the community. Task 5.1 Evaluate Existing General Plan and Develop Policy Issue List Based on the preferred alternative, the Consultant will begin the process of refining the General Plan policies. This process will start by resolving big picture challenges and opportunities that will then filter down into specific policy amendments and additions. Addressing major issues and focusing on opportunities first enables community members, City staff, GPAC, and decision- makers to provide informed direction on preferred approaches to the comprehensive policy updates, such as how to integrate the CAP to reflect the City's vision for resiliency, sustainability, and air quality. The Consultant will work with City staff, the TAC, and the GPAC to conduct a detailed evaluation of the existing General Plan strengths and weaknesses, and the efficiency and effectiveness of its policies and implementation programs. City staff will detail their experience working with the existing General Plan using a General Plan Evaluation Checklist. The Consultant will also work with City staff, the TAC, and the GPAC to prioritize a list of major policy issues and opportunities that have risen to the top of the community's list of concerns or desires. Using this list, the Consultant will develop options the City could use to address each issue or opportunity. Task 5.2 TAC Meeting #6 The Consultant will hold a meeting with the TAC to conduct a detailed evaluation of the existing General Plan goals, policies, and programs. This task may require an additional TAC meeting or conference call. 18 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 5.3 GPAC Meeting #10 The Consultant will hold a meeting with the GPAC to evaluate the existing General Plan, discuss the structure and organization of the New General Plan, and agree on the elements that will be prepared for the Plan. Task 5.4 City Council and Planning Commission Study Sessions: Key Policy Issues The Consultant will hold two study sessions, one with the Planning Commission and one with the City Council, to solicit input on key policy topics and options and to build consensus on preferred policies and approaches prior to preparing the New General Plan. Task 5.5 General Plan Structure and Contents The Consultant will work with City staff and the GPAC to develop a structure and table of contents for the New General Plan. The Consultant will present options for the organization and format of the Plan, and help the City select a format that is most suitable. The New General Plan will be designed and organized to be a highly - graphical, user - friendly document that is accessible by City staff, decision - makers, and the public. Task 5.6 Administrative Draft General Plan The Consultant will prepare an Administrative Review Draft General Plan that will be reviewed and vetted internally by City staff from various departments. The Consultant will work with City staff, the TAC, and the GPAC to translate the preferred alternative into specific refinements to goals, policies, and programs, and prepare the draft New General Plan. This will focus on refinements and updates to address key policy topics, new plans and trends, and new State mandates and guidelines. The Consultant will prepare a New General Plan that reflects updated policy direction and reflects expressed community values throughout the plan. The Plan will include a comprehensive Implementation Plan that will focus on having the New General Plan become a living document that results in positive, real change in the community. The Consultant will prepare and integrate policies and implementation measures from the City's CAP, conduct a GHG gap analysis, and include the GHG analysis in the EIR necessary to have the New General Plan and accompanying GHG reduction measures and analysis qualify as a CEQA Guidelines Section 15183.5 plan to reduce GHG emissions. Sustainability and climate change are issues best addressed throughout the New General Plan, rather than a stand -alone element because they deal with cross- cutting issues from compact development patterns, to mobility, to water and energy conservation and efficiency. Our integrated approach will make sustainability and climate action integral to all future City decisions and activities. The New General Plan will be highly - graphical, relying on photos, photo simulations, and diagrams to illustrate key policies and programs. While the exact structure and elements of the New General Plan will be determined as part of the General Plan process, the Consultant envisions the Plan will address the following topics: 19 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Introduction. The introduction to the New General Plan will provide an overview of how to use the Plan and the organization of the Plan. This part will summarize the key issues the policies address and set forth strategies that will guide the plan. This section will also include the vision and guiding principles for the city. Introductory topics that will be covered include: General Plan Overview Organization of the General Plan How to Use the General Plan Implementation of the General Plan Gilroy at a Glance Citywide Issues and Strategies Vision and Guiding Principles Land Use and Community Design Element. The Consultant will address issues including land use types, distribution, and intensity; population density and building intensity; and urban design. Issues pertaining specifically to land use that will be addressed include, but are not limited to: Guidance on the timing and phasing of development. Appropriate land use designations and policies for meeting the residential, commercial, industrial, public facilities, and open space needs of the community. Define the community as a whole and the character of centers, gateways, corridors, and neighborhoods. Land use guidance necessary to achieve desired urban form objectives for the different parts of the city. Smart growth and sustainable development principles and necessary design guidance and graphics to assure conformance with these principles. Mix of land uses to maintain economic balance, sustainability, business attraction and formation, business retention, tourism, and entertainment, as well as promote viable pedestrian environments and reduce vehicular trips. New Land Use Diagram. The Consultant will prepare an ArcGIS -based land use diagram in an easy to use format. The diagram will implement the preferred alternative selected by the City Council. The Consultant will work with the City to refine land use designations developed during the alternatives phase and propose a concise set of land use designations that fit the needs of the City. The designations and diagram will indicate the distribution, location, and standards for the use of land for housing, commerce, industry, public facilities, waste disposal, recreation, agriculture, natural resources, and open space. The land use designations will include standards of population density and building intensity as well as guidelines for urban form. Mobility (Transportation and Circulation) Element. The Consultant will refine the City's transportation policies based on professional best practices, direction from City staff, and input from the public and local decision - makers throughout the General Plan process. The focus of the Mobility Element will be to create a well- connected transportation network with facilities that are appropriate to their neighborhood context, support walking and 20 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F bicycling, and ensure that the city's infrastructure reflects a "complete streets" philosophy in which all travelers can be safely and efficiently accommodated. The objective of the Mobility Element will be to reduce automobile trips, traffic congestion, vehicle exhaust emissions, and noise, and help the City achieve its GHG reduction targets consistent with AB 32. The Mobility Element will also ensure major destinations within the city, including the High Speed Rail Station, are more effectively connected. Circulation Diagram. Based on the distribution of land uses on the Land Use Diagram, the Consultant will work with City staff to develop and prepare a draft Circulation Diagram. The diagram will implement the preferred alternative selected by the City Council. The Consultant will review existing levels of service and roadway classifications and propose a concise set of roadway classifications that fit the needs of the City. The classifications and diagram will indicate the distribution, location, and standards for city roadways. The diagram will also incorporate elements of complete streets that address the safety and needs of transit users, bicyclists, and pedestrians. Housing Element. See Phase 9, Housing Element for a detailed description of the Housing Element Update. Economic Development Element. The Consultant will identify long -range economic development strategies to provide the basis for updating economic goals, policies, and implementation programs. The goals and policies will address key economic issues that will lead to a strong, diversified local economy that will generate sufficient public revenues commensurate with a high quality of public services. The importance of improving the jobs /housing balance will be also be identified in the context of reducing vehicle trips, and leading to a more resilient economy. The Consultant will prepare the Economic Development Element consistent with the EDSP. Healthy Community Element. With increasing attention on the connection between the built environment and public health, many cities are choosing to prepare stand -alone Healthy Community Elements. If desired by the City, the Consultant will prepare goals, policies, and implementation measures that promote the health and well -being of Gilroy residents. Healthy community policies will provide evidence -based strategies for addressing place -based health and environmental justice issues. Policies will include those aimed at: increasing access to locally -grown foods and agriculture; improving access to open -space and trails; increasing the availability of healthy, affordable housing; improving opportunities for active transportation choices; and avoiding disparate environmental impacts on any one of Gilroy's neighborhoods. Since public health is a cross - cutting issue, healthy community policies will address and will be coordinated with policies on land use, transportation, and sustainability. Conservation and Environmental Protection Element. The Conservation and Environmental Protection Element will address open space and resource conservation issues to meet the needs of existing and future residents and visitors. Goals, policies, and implementation programs will address open space and resource conservation issues; manage compatibility and interfaces between urban and natural areas; maintain and enhance wildlife habitats and corridors consistent with the Santa Clara Valley Habitat Plan; protect biological resources; conserve and protect water resources and improve water quality; enhance and improve air 21 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F quality and reduce air pollution and GHG emissions; increase energy efficiency and the production of renewable energy; and protect archeological, historical, and cultural resources. The goals and policies in this Element will be coordinated closely with the Santa Clara Valley Habitat Plan and the Climate Action Plan. The Consultant will draft the New General Plan to ensure that it is recognized as a "Plan for the Reduction of Greenhouse Gas Emissions" as allowed for in Section 15183.5 of the CEQA Guidelines, and so that it is recognized as a "Qualified GHG Reduction Strategy" by the Bay Area Air Quality Management District. Public Facilities and Services Element. The Public Facilities and Services Element will ensure adequate infrastructure and associated municipal services are provided to existing and future development, and constraints to the provision of services are addressed. Facility siting will be coordinated with the Land Use and Mobility Elements to ensure facilities are appropriately located to serve and respond to existing and future residents and businesses. This will include timing new infrastructure in sync with phasing for development in infill and future growth areas, and to meet the facility needs of areas that may intensify. Goals, policies, and implementation programs will address infrastructure, facilities, and services associated with: parks and recreation, water, wastewater, storm water drainage, solid waste and recycling, and public safety (e.g., fire and law enforcement) services. The Element will ensure that mechanisms are in place to plan and finance future infrastructure and services as the community grows and changes. There will be a special focus on the creation of Low Impact Development (LID) techniques and sustainability concepts in new infrastructure investment. Safety Element. The Safety Element will address the safety of Gilroy's existing and future residents, the protection of property, and the stability and growth of the local economy. Goals, policies, and implementation programs will address emergency preparedness, seismic and geologic hazards, flooding hazards, fire safety and law enforcement, hazardous materials, and noise. This will include policies and programs specifically related to climate change adaptation and community resiliency to potential hazards. General Plan Management and Coordination. The final chapter of the Plan will address implementation and administration of the goals and policies. This framework will outline requirements for implementing the Plan consistent with its goals, policies, and standards, and provide an overview of the types of actions or tools the City may use to implement the policies set forth in the New General Plan. Implementation Plan. The Consultant will prepare an Implementation Plan containing all the actions for implementing the goals and policies of the New General Plan. The Implementation Plan will be action - oriented and linked to the annual budgeting process. It will be a living document that is designed to evolve as conditions change in the future. It will also include a system of monitoring and tracking General Plan indicators to assess implementation. The Implementation Plan will engage every City department responsible for implementing the Plan, and will include local agencies and organizations as partners in implementing certain programs. 22 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The Implementation Plan will prioritize actions over the life of the New General Plan by short - term, mid -term, and long -term time frames. Each implementation program will do the following: Identify the specific goal and policy that the program will implement. Identify the City department, agency, or local organization responsible for carrying out the program. Identify the time frame for implementation. Identify the resources required to implement the program. Establish an indicator to measure the successful implementation. The Implementation Plan will be formatted as a matrix that can be easily updated as part of the City's annual General Plan progress report required by State law. Task 5.7 TAC Meeting #7 The Consultant will hold a meeting with the TAC to conduct a detailed review the goals, policies, and implementation programs in the Administrative Draft General Plan. This task may require one or more additional TAC meetings or conference calls. Task 5.8 GPAC Meetings #11, #12, and #13 Prior to preparing the Public Review Draft General Plan, the Consultant will hold three meetings with the GPAC to review, discuss, and refine the draft goals, policies and programs. Task 5.9 City Council and Planning Commission Study Sessions: Key Policy Issues The Consultant will hold two study sessions, one with the Planning Commission and one with the City Council, to review the draft goals, policies, and programs, as well as the results of the GPAC discussions. Task 5.10 Public Review Draft General Plan Following direction from the Planning Commission and City Council, the Consultant will make appropriate revisions and prepare the Public Review Draft General Plan. Task 5.11 Newsletter #5: Draft General Plan The Consultant will prepare a newsletter summarizing the Public Review Draft General Plan. The newsletter will serve as an executive summary to the draft Plan. It will include an overview of the structure and organization of the draft Plan, a summary of the goals and policies of the draft Plan, the vision for the future of the city, and the land use and circulation diagrams and other applicable graphics. Phase 6: Environmental Review During this phase the Consultant will prepare the General Plan EIR (EIR) to analyze the potential significant environmental impacts of the Draft General Plan. The EIR will provide an easy -to- understand, 23 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F comprehensive analysis of the impacts resulting from General Plan implementation so that the City can make informed decisions about General Plan policies and implementation programs. The EIR will meet all requirements of CEQA, State CEQA Guidelines, and relevant court decisions, and will help the City streamline future environmental review of development and public works projects consistent with the General Plan. The EIR will address GHG emissions considering the City's interim Climate Action Plan, and the City's participation in the Santa Clara County- sponsored Climate Action Plan project in an effort to establish the New General Plan as a CEQA - Qualifying Plan (California Code of Regulations §1500 et. seq.), and any additional goals, policies, and implementation programs in the New General Plan. This scope of work covers preparation of an EIR that thoroughly addresses all CEQA- mandated environmental topics and identifies the cumulative, growth- inducing, significant unavoidable, and irreversible significant effects that must be considered for General Plan adoption as well as subsequent, General Plan- consistent, development proposals. The Consultant will integrate policies into the Draft General Plan that "self- mitigate" potential environmental impacts to the maximum extent feasible. This self- mitigating, proactive approach will minimize reliance on external mitigation measures, streamline future CEQA coverage for future projects, and allow the City to monitor the effectiveness of General Plan policies. The General Plan EIR will be prepared as a Community Level EIR, consistent with Public Resources Code 21159.20(d) and as a Program EIR, consistent with State CEQA Guidelines Section 15168. The goal of this approach is to establish the opportunity for the City to use the Program EIR for environmental review of future, General Plan- consistent actions and projects, in accordance with State CEQA Guidelines Section 15168(c) and (d). When a project is consistent with the General Plan and all of its significant impacts have been addressed in the General Plan Program EIR, the project may be determined to be "within the scope" of the Program EIR, and no additional environmental document would be required. In other cases the General Plan Program EIR may be used to limit the topics that must be addressed in a later environmental document on a project consistent with the General Plan. Task 6.1 Initial Study /Notice of Preparation The Consultant will work with City staff to develop a project description and prepare a draft Notice of Preparation (NOP) pursuant to CEQA Guidelines. The Consultant will prepare an Initial Study, using the City of Gilroy initial study format, to identify potential environmental impacts that may result from General Plan implementation. The primary purpose of the Initial Study is to focus the scope of the EIR analysis by identifying CEQA- defined environmental topics that will not result in significant impacts. The Consultant will submit a draft Initial Study /NOP to City staff for review. The Consultant will then incorporate City comments into the final Initial Study /NOP. It is assumed that City staff will distribute mail) the Initial Study /NOP. Task 6.2 Scoping Meeting The Consultant will facilitate a public /agency scoping meeting to receive comments on the Initial Study /NOP and will prepare a summary of comments made at the meeting. 24 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 6.3 Administrative Draft EIR Based on the New General Plan Background Reports and public /agency comments on the Initial Study /NOP, the Consultant will prepare an Administrative Draft Program EIR (ADEIR). The ADEIR will meet all CEQA requirements, with easy -to -read text, maps, and tables in a user - friendly format. The ADEIR will be based on a comprehensive project description tied directly to General Plan content. The environmental setting and regulatory setting for each environmental topic section of the ADEIR e.g., air quality, transportation /traffic, utilities and service systems) will be based on (and, to the extent possible, taken directly from) the Background Reports. Each environmental topic section will be introduced with a brief statement of its context within the New General Plan, CEQA, and ADEIR. Although CEQA is a complex law, the issues it covers are relevant to everyday life, and this relationship will be clearly described in each ADEIR section. Thresholds for identifying significant environmental impacts will be presented for each environmental topic, and will include applicable CEQA Guidelines (e.g., Appendix G), existing regulatory standards, and the Thresholds of Significance adopted by the City in 2004. These significance thresholds clearly define how the CEQA analysis identifies a significant impact. The environmental setting for each environmental topic will, to the extent possible, incorporate information directly from the Background Reports and will set the groundwork for impact analysis and recommended mitigation measures. The number of impacts to be analyzed, and the depth of analysis, will be a function of CEQA requirements (including the Initial Study conclusions), public /agency comments on the Initial Study /NOP, existing and projected environmental conditions in Gilroy, and any environmental areas of controversy that City staff identifies. Impacts will be identified based directly on the significance thresholds, and mitigation measures will be prepared to reduce significant impacts to less- than - significant levels, when feasible. Mitigation measures identified in the ADEIR will be considered for "looping back" to be incorporated as policies and actions in the New General Plan. For each potentially significant impact identified in the ADEIR, the Consultant will identify proposed General Plan policies that will avoid or reduce the identified potential impact (to maximize the "self- mitigating" character of the New General Plan). The ADEIR will comprise the following sections: 25 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Introduction. The ADEIR Introduction will summarize CEQA requirements, provide a synopsis of the New General Plan project description and background, and identify the City's objectives for the New General Plan. The Introduction also will describe the purpose of the ADEIR in relation to the General Plan, identify the scope of environmental issues addressed in the ADEIR, and present the organization of the EIR. This section also will define the necessary technical terms used in the EIR. Executive Summary. This section will summarize the ADEIR content and include the following: the City's project objectives; a brief project description; a summary of the overall environmental setting of the Planning Area; identified environmental impacts, recommended mitigation measures (mitigating policies); and a brief discussion of alternatives to the New General Plan considered in the EIR, areas of environmental controversy in Gilroy, and CEQA issues needed to be decided by City decision - makers (e.g., choice among project and alternatives, feasibility of mitigation). Project Description. The ADEIR Project Description will contain the City's objectives and relevant content from the Draft General Plan to describe the Planning Area's existing and proposed land uses and associated environmental conditions. The information will be described in text, tables, maps, and diagrams in clear, concise text and user - friendly graphics. Environmental Setting, Regulatory Setting, Impacts, and Mitigation Measures. The environmental analysis will utilize the City- adopted thresholds of significance. Adverse environmental impacts that meet or exceed these thresholds will be considered significant. Additionally, impacts will be characterized in terms of short- or long -term effects and presented in a logical sequence and format that all readers can understand. Also, as required by CEQA, any inconsistencies between the New General Plan and adopted local and regional plans will be discussed. CEQA- required issues to be analyzed will include Aesthetics, Agriculture /Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, GHG Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation /Traffic, and Utilities and Service Systems. Based on their relevance to Gilroy, some of the environmental issues may be dismissed in the Initial Study, while other issues will be discussed in the EIR in more detail than others. As mandated by CEQA, the EIR will provide comprehensive and essential information to the extent required to identify significant impacts and to recommend feasible mitigation measures. The EIR will not be "padded" with irrelevant information. The following is a summary of the analysis and content the Consultant will produce for each topical section of the EIR: Aesthetics. The EIR will consider the anticipated citywide buildout under these policies on the visual character and image of the Planning Area, including on the existing visual character in the Hecker Pass Specific Plan Area and the hillside areas, and on other designated scenic resources such as farmland and the surrounding hillsides, and areas viewed from Pacheco Pass Highway, Uvas Park Drive, Santa Teresa Boulevard and Miller Avenue. Visual impacts at the principal gateways to the city will also be addressed. Beneficial aesthetic effects of the General Plan also 26 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F will be discussed. The EIR will recommend any General Plan refinements or policies warranted to minimize identified visual impacts. Agriculture /Forestry Resources. The loss of agriculture resources will be evaluated as much of the undeveloped land within the City's Planning Area is designated important farmland. The oaks woodlands in the Gilroy Planning Area likely qualify as "forestry resources" and, therefore, potential impacts to forestry resources will also be addressed in this section. Air Quality. The EIR will assess the local and regional air emission impacts of General Plan buildout based on the direction of the Bay Area Air Quality Management District (BAAQMD). For any significant impacts, the EIR will identify mitigations consistent with BAAQMD CEQA requirements that can be formulated into General Plan policies. BAAQMD CEQA Guidelines May 2011) Chapter 9, Assessing and Mitigating Plan Level Impacts, provide guidance on how to assess air quality impacts associated with adoption of a General Plan. The Consultant will use this methodology in this section of the EIR. Biological Resources. The Gilroy Planning Area is home to a variety of sensitive habitats for several Federally- and State - protected species including the California tiger salamander, the California red - legged frog, and the California burrowing owl. Other sensitive habitats include waterways and wetlands. The City of Gilroy is a partner in the recently- adopted Santa Clara Valley Habitat Plan and is currently in the process of defining how the plan will be implemented. This section of the EIR will address the impacts on sensitive biological resources associated with buildout of the Planning Area and General Plan consistency with the Habitat Plan. 27 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Cultural and Historic Resources. Gilroy is located on the fertile Santa Clara Valley floor and in the eastern foothills of the Santa Cruz Mountains. The California Office of Historic Preservation, Northwest Information Center, has identified the majority of the Gilroy Planning Area as archeologically - sensitive. In addition, the City of Gilroy boasts many historically- significant buildings. Pursuant to CEQA Guidelines section 15064.5, the EIR will evaluate the potential effects of the New General Plan on any identified or potential cultural or historic resources in the Planning Area. CEQA -based mitigation protocols will be identified that can be incorporated directly into General Plan policy. Geology and Soils. Earthquakes can cause strong ground shaking, liquefaction, differential settlement, and lateral spreading. The EIR will identify potential geotechnical impacts of General Plan development and describe mitigation protocols (including City requirements) to reduce the impacts to less- than - significant levels. Greenhouse Gas Emissions (GHG). The EIR will assess GHG emissions impacts of General Plan buildout based on the direction of the Bay Area Air Quality Management District ( BAAQMD). For any significant impacts, the EIR will identify mitigations consistent with BAAQMD CEQA requirements that can be formulated into General Plan policies. BAAQMD CEQA Guidelines May 2011) Chapter 9, Assessing and Mitigating Plan Level Impacts, provide guidance on how to assess GHG emission impacts associated with adoption of a General Plan. The Consultant will use this methodology in this section of the EIR. Hazards and Hazardous Materials. Existing properties and structures in the Planning Area may contain contaminated soils or groundwater, or hazardous building materials, which might be disturbed during General Plan development activities. Based on the Public Health and Hazardous Materials Background Reports, the EIR will discuss the potential for future hazardous material exposure impacts and describe associated jurisdictional mitigation protocols. Hydrology and Water Quality. Based on the relevant Background Reports (e.g., Public Health, Storm Water), the EIR will describe drainage, flooding, and water quality issues, then will analyze potential impacts and identify mitigation measures, including adopted State, regional, and City regulations. Land Use and Planning. The EIR will independently evaluate the land use implications, both beneficial and adverse, of the New General Plan and will identify any significant impacts under CEQA (e.g., "division of an established neighborhood "). The EIR will then identify associated mitigations, including recommended General Plan refinements. In addition, to comply with CEQA, the Consultant will evaluate the consistency of the General Plan proposed policies with relevant regional planning policies (e.g., ABAG). Mineral Resources. Although there are no mineral extraction activities currently occurring within the Gilroy Planning Area, the Planning Area does include areas along Uvas Creek that have been designated by the State Mining and Geology Board. Potential impacts to these resources associated with buildout of the Planning Area will be addressed. Noise. Based on the Noise Background Report, the EIR will describe impacts of General Plan development policies and associated future buildout on the local noise /vibration environment. 28 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The EIR will also include short- and long -term noise measurements and existing noise contours. Projected noise modeling and contours under the New General Plan will be developed. The EIR will analyze construction noise /vibration; traffic, rail, and airplane noise /vibration; and land use compatibility within the projected noise environment. The EIR will then identify effective and feasible mitigations that can be incorporated directly into General Plan policies. Population and Housing. The EIR will describe the New General Plan's potential effects on housing and population in order to provide the statistical basis for related quantitative environmental impact evaluations (e.g., public services and utilities). General Plan implementation is not, in itself, expected to cause CEQA- defined population or housing impacts. Public Services (including Recreation). Based on the Public Services Background Report, the EIR will evaluate the New General Plan's physical impacts on the provision of the following public services: fire protection, police protection, schools, parks /recreation, and possibly other public services identified in consultation with City staff. Appropriate service providers will be contacted to help identify potential impacts and formulate mitigations consistent with General Plan policy. Transportation /Traffic. The transportation impact analysis will analyze the impact of the preferred General Plan alternative. The report will include a description of the: methodologies; transportation network (roadways, bike, pedestrian, transit); roadway and intersection traffic volumes; level of service analysis; and a description of any impacts and mitigations to roadway, bike, pedestrian, and transit facilities. The EIR traffic analysis will evaluate intersections or roadway segments, consistent with the City of Gilroy and Santa Clara County impact analysis guidelines. EIR conclusions and mitigation measures will be consistent with General Plan plans and policies (e.g., Complete Streets Policy). Utilities and Service Systems. Based on the relevant Background Reports (e.g., Water Supply and Distribution, Wastewater System), the EIR will evaluate the New General Plan's effects on water supply and distribution, sanitary sewer treatment capacity and distribution, and stormwater drainage (included in the EIR Hydrology and Water Quality section). The EIR will also evaluate solid waste /recycling services. Alternatives Analysis. Consistent with CEQA, a reasonable range of alternatives intended to reduce identified significant environmental impacts will be considered in the ADEIR. In addition to the required "No- Project" Alternative, the Consultant will evaluate at least two to three alternatives, in consultation with City staff, that will include variations on General Plan elements and policies, land uses, and densities. To the extent possible, the Consultant will rely on the land use alternatives developed during Phase 4. Cumulative Impacts. The ADEIR will evaluate cumulative impacts based on anticipated growth in Gilroy and the region relevant to the CEQA topics analyzed. The Consultant will consult General Plans from neighboring jurisdictions and adopted plans from regional agencies (e.g., ABAG) to help forecast cumulative growth. The contribution of the Draft General Plan to overall cumulative impacts will be analyzed consistent with CEQA requirements. Other CEQA Sections. In addition to the sections discussed above, the ADEIR will include all other required CEQA sections (e.g., growth - inducing impacts, significant unavoidable impacts). 29 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F These other CEQA- mandated sections are basically summaries of more detailed analyses already included in the ADEIR. Task 6.4 Draft Environmental Impact Report Following receipt of comments from City staff on the ADEIR, the Consultant will incorporate revisions and prepare a Screencheck Draft EIR for final City review. The Consultant will then prepare the Public Review Draft EIR (DEIR) for public circulation, along with the associated public Notice of Completion /Availability. It is assumed that the City will distribute the DEIR to the State Clearinghouse, responsible agencies, and interested agencies, organizations, and persons. As required by CEQA, the DEIR will require at least a 45 -day public review period. Task 6.5 Responses to Public Comments on the Draft Program EIR /Final Program EIR /Mitigation Monitoring and Reporting Program /Notice of Determination In collaboration with the City, the Consultant will respond to oral and written comments received during public review of the DEIR and include the responses in the Final EIR. The Final EIR will also include: (1) any necessary changes to the DEIR based on those responses, (2) the list of commenters, and (3) a summary of their comments. Also, the Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with §21081.6 of CEQA; the MMRP will identify each mitigation measure from the DEIR, mitigation responsibility, timing, and reporting procedures, in order to help monitor mitigation progress and success. A Notice of Determination will be prepared for posting at the County Clerk after the New General Plan is adopted. Task 6.6 Findings of Fact and Statement of Overriding Considerations The Consultant will prepare the Findings of Fact in collaboration with the City Attorney. If the Final EIR identifies significant unavoidable environmental impacts, the Findings can be applied directly to the CEQA- required Statement of Overriding Considerations, which the Consultant will prepare in consultation with City staff and the City Attorney. Task 6.7 Revised Draft Initial Study Checklist and Revised Draft Thresholds of Significance At no extra cost to the City, the Consultant will suggest revisions to both the City of Gilroy Initial Study Checklist and Thresholds of Significance and provide drafts for review and consideration by City staff. Suggested revisions will reflect applicable changes in General Plan policies and the analysis in the General Plan EIR. Phase 7: Plan Adoption During this phase the Consultant will assist City staff in preparing for meetings with the Planning Commission and City Council to review the Draft General Plan, culminating in City Council adoption of the New General Plan. The Consultant recommends that the Planning Commission conduct at least two public hearings to review the Draft General Plan and Draft EIR. At the conclusion of the hearings, the Planning Commission will make a recommendation to the City Council regarding the Draft General Plan and Draft EIR. The Consultant recommends the City Council then conduct at least two hearings to review the Draft General Plan and Draft EIR. At the conclusion of the hearings, it is expected that the City 30 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Council will direct City Staff to incorporate their recommendations and prepare the Final General Plan documents and Final EIR, which will be adopted and certified, respectively, at a subsequent hearing. Task 7.1 Community Open House: Celebrating the New General Plan Upon publication of the Draft General Plan, the Consultant will facilitate a citywide celebratory open house to present the New General Plan to residents. The open house will be set up in a format where residents can visit stations or "booths" focused on each element of the Plan. City staff and the Consultant will be stationed at each booth to discuss the elements, answer questions, and gather feedback. The Consultant will promote the upcoming hearings for the New General Plan. Task 7.2 Planning Commission Hearings (2) The Consultant will attend two hearings with the Planning Commission to review the Draft General Plan and Draft Environmental Impact Report (DEIR). The Planning Commission will consider the comments made during the public hearings, and at the conclusion of the hearings will make recommendations to the City Council regarding the Draft General Plan and PEIR. Task 7.3 City Council Hearings (2) The Consultant will attend two hearings with the City Council to review the Draft General Plan and DEIR. At these meetings the City Council will consider the Planning Commission's recommendations and the comments made at the public hearings. At the conclusion of the hearings, the City Council will direct the Consultant to incorporate their recommendations and prepare the Final General Plan. Task 7.4 Final General Plan Documents Following public review of the Draft General Plan and the DEIR, the Consultant will prepare the Final General Plan documents for adoption. Task 7.5 City Adoption Hearing The Consultant will attend one hearing with the City Council for adoption of the Final General Plan and certification of the FDEIR. Phase 8: Zoning Code Update As an optional phase the Consultant will prepare a New Zoning Code consistent with the New General Plan. The extent of work required to prepare the New Zoning Code will depend on the level of change proposed in the New General Plan. The process for preparing the Zoning Code could include the examination and elimination of zoning districts and development standards that are no longer relevant or functional. It could require new development standards, land use descriptions, and zoning districts consistent with the New General Plan. The Consultant will prepare a Zoning Code that is far more user - friendly and context - sensitive by rethinking the existing format and content, including the use of diagrams and graphics to illustrate 31 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F concepts such as building envelopes, setbacks, parking location and design, and the relationships of buildings, streets, sidewalks, and landscape features. The following tasks provide a general idea of the steps necessary to prepare a new Zoning Code. This scope of work will be refined once staff determines the precise needs of the update. Form -based code tasks are not included. Task 8.1 Summary Matrix of Zoning Code Issues The Consultant will prepare a matrix that will identify the General Plan implementation measures, deficiencies in the existing Zoning Code, the revisions deemed necessary to implement the Plan and correct the deficiencies, and where the revisions will be addressed in the New Zoning Code (i.e., disposition table). The matrix can be used to track revisions to the existing Code and assist in the preparation of a staff report for public hearing, leading to adoption of the New Zoning Code. The matrix will be used to address options for the overall Zoning Code framework and ensure that the resulting standards and regulations conform to the guiding and implementing policies of the New General Plan. Task 8.2 Zoning Code Format and Outline The Consultant will prepare an annotated outline or table of contents, format and style sheet, and sample chapter format (e.g., purpose, interpretation) to illustrate the format and style of the New Zoning Code. After staff review and confirmation, the Consultant will finalize the outline. Task 8.3 Administrative Draft Zoning Code The Consultant will prepare an Administrative Draft of the Zoning Code. The Consultant recommends preparing and delivering the draft revisions in segments, rather than as a single deliverable. Our experience indicates that it is easier for City staff to give timely feedback on the revisions when reviewed in segments. The Zoning Code will address the following topics: Zoning Districts and Related Standards. The Consultant will prepare the regulations applicable in specific zoning districts that address the following topics: A land use classification system to identify use types that may be allowed in each zone organized into user - friendly tables. This classification system will consolidate and refine the City's current use categories and descriptions by using clear, up -to -date terms to define each allowable and appropriate combination of specific and generic land use types, and provide a clear definition of each land use type. An expanded description and purpose statement for each zone, the uses allowed within it, and the type of ministerial or discretionary zoning permit required for each use. The Consultant will review each zoning district with staff to ensure that specific allowable uses are appropriate in each zone and consistent with the purpose statement specified in the New General Plan. New or modified (e.g., consolidated) zoning districts with appropriate uses and standards will be added as needed to implement any new or modified land use designations in the New General Plan. 32 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Zone - driven standards for each zone (e.g., building envelope, setbacks, height, lot coverage), will be reviewed, modified as determined to be needed, and organized into user - friendly tables, if appropriate. General Zoning Standards. The Consultant will prepare the general zoning standards and regulations that apply in multiple zones and overlay or combining zones. The Consultant will address the following topics: General site planning and zoning standards, including site access requirements; fences, hedges, walls, and screening; noise regulations; outdoor lighting standards; performance standards (e.g., air quality, glare, vibration); and other topics determined to be appropriate by City staff. Affordable housing requirements, housing density bonus provisions, and related incentives, consistent with State law. Landscaping standards, including specific requirements for preliminary and final landscape plan submittal and review, as well as AB 1881 - related regulations and procedures (i.e., water- efficient landscaping). Off - street parking and loading standards organized into user - friendly tables, including parking and loading area design, landscaping requirements, pedestrian circulation requirements, and bicycle and motorcycle parking. Sign standards will be organized into user - friendly tables with illustrative examples. Specific Use Standards. The Consultant will prepare the regulations that address standards for specific land uses, that may include, but are not limited to, alcoholic beverage sales, backyard chickens, child daycare facilities, home occupations, mobile homes and manufactured housing, recycling areas, second dwelling units, senior apartments and senior independent living centers, self - service and partial - service gasoline /refueling stations, wireless and telecommunications facilities, yard /garage sales, and other uses as directed by City staff. Administrative Provisions. The Consultant will prepare and submit an administrative draft of the administration and development application filing and processing procedures. The Consultant will address the following topics: Purpose and applicability of the New Zoning Code, administrative responsibility and authority, interpretation procedures, zoning permit fees, and provisions addressing pipe -line applications. Definition of the roles of each project review authority, including the Director of Planning and Environmental Services, Planning Commission, and City Council, and any other necessary project review or decision - making bodies. Procedures for discretionary permits (both administrative and Planning Commission level), Home Occupations Permits, Reasonable Accommodations, Temporary Use Permits, Variances (both minor and major), and other desired project review procedures (e.g., Site Plan and Architectural Review), appeals, and public hearings. Proposed procedures will emphasize efficiency, simplicity, and streamlined processing, while ensuring thorough and effective project review to achieve City objectives and comply with all applicable Federal and State laws. 33 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Enforcement provisions, including legal remedies, permit revocations and modifications, procedural requirements, cost recovery related to enforcement actions, and the identification of the property owner /violator rights and procedures for appeal. Definitions of technical terms and phrases used in the Zoning Code, including abbreviations. An initial set of definitions will be included with the first submittal and will be supplemented in subsequent drafts. Zoning Map. After adoption of the New Zoning Code, the Consultant will prepare an administrative draft Zoning Map. The Zoning Map will reflect any necessary modifications based on the New General Plan Land Use Diagram and /or any change in zoning district titles or designations. Task 8.4: Preliminary Draft Zoning Code Based on comments and direction received during earlier tasks, the Consultant will revise the administrative draft segments that have been reviewed by City staff and prepare the remaining parts of the preliminary draft Zoning Code, including a detailed table of contents and appropriate graphics. The Consultant will submit the preliminary draft Zoning Code to City staff for review and comment. The Consultant will meet or conference call with City staff to discuss any comments. Task 8.5: Public Review Draft Zoning Code Based on comments received from City staff, the Consultant will prepare a public review draft of the Zoning Code. The Consultant will submit the draft revisions to the City for distribution to and review by the general public, Planning Commission, and City Council. The Consultant will also make available the draft Zoning Code on the New General Plan website. Phase 9: Housing Element Update The Consultant will prepare a Housing Element that reflects current State law and provides decision - makers, developers, and the public with information needed for policy decisions. In addition, our proposed Scope of Work and schedule ensure the City will meet the December 2014 deadline, avoiding any penalties for non - compliance. The Consultant will also ensure that the adopted Housing Element is formatted to fit within the New General Plan to create a single, comprehensive document. Task 9.1 Administrative Draft Housing Element The Consultant will update the City's existing Housing Element and prepare an Administrative Draft Housing Element for City staff review. The Housing Element is made up of two parts: the Background Report and the Policy Document. While the Consultant envisions this Housing Element as a minor update, the Consultant will review and update the Housing Element Background Report as follows: 34 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The Consultant will summarize existing conditions and major challenges related to providing housing in Gilroy. This Background Report will be used to update information in the City's 2007 -2014 Housing Element (adopted February 6, 2012). It will include all pertinent information necessary to meet State Housing Element requirements and will be prepared pursuant to guidelines of the California Department of Housing and Community Development (HCD). Housing Needs Assessment. The existing housing needs assessment is a comprehensive evaluation of current demographic, employment, housing, and housing market conditions and trends. This section will be used as the basis for determining the existing unmet housing needs in Gilroy. The Consultant will prepare a thorough housing needs assessment of housing needs for all income groups and identify the city's special housing needs. Demographic and Employment Profile. The Consultant will use recent data sources to update the demographic and employment profile for Gilroy, consistent with the other chapters in the Background Report. This section establishes "baseline" population and employment characteristics for the city, including population growth trends, age characteristics, race and ethnicity, income, and employment trends, as well as population and employment projections. Much of the demographic information will be based on the 2010 U.S. Census and American Community Survey, but this will be supplemented by information from the Department of Finance (DOF), Employment Development Department (EDD), ABAG, and available local sources. This profile will rely largely on the data gathered for the economic and demographic trends background report chapter. Household Characteristics and Housing Supply. The Consultant will use recent data sources (e.g., DOF, ABAG, and City records) to describe the existing housing stock in terms of housing stock growth and composition, vacancy rates, housing age and conditions, and overcrowding. The Consultant will also describe housing cost burdens and the ability of households of different income levels to pay for housing. Finally, the Consultant will describe current housing market trends, home sales prices, rental rates, and the impacts of foreclosures using recent data sources (e.g., DataQuick, CaIREALTORS records). Special Needs Housing Analysis. The Consultant will prepare an analysis of housing needs for special needs populations, including senior households, persons with disabilities, large families, single female- headed households, homeless persons, extremely low- income households, and farm workers. The Consultant will address the State law requirements created by SB 2 by identifying a zone or zones where emergency shelters are permitted "by right," and describe the capacity to accommodate the needs of the city's homeless population in that zone. Future Housing Needs Assessment. The Future Housing Needs Assessment will include a description of the City's 2014 -2022 Regional Housing Needs Allocation (RHNA) from ABAG. Unaccomodated Need. Action 1 -2.2 in the City's 2007 -2014 Housing Element included a provision to rezone a minimum of 26.25 acres for multi - family development to meet the RHNA for lower- income households. The Housing Element will need to verify that it has met this unaccommodated need from the 2007 -2014 Housing Element in compliance with regulations enacted by AB 1233 (2005). The Consultant will work with the City to determine if there is an unaccommodated need from the 2007 -2014 RHNA. 35 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Housing Resource Inventory. This section will analyze the resources and opportunities available for the development, rehabilitation, and preservation of housing.-Included is an inventory and analysis of the land resources (i.e., vacant and underutilized sites), as well as the financial and administrative resources available to support housing activities. The vacant sites inventory will be the bulk of the work in this section. The Consultant will update the inventory of vacant sites available for residential development during the Housing Element planning period. The sites inventory will identify new sites created through the rezoning program. The analysis will identify the zoning and General Plan designations for each site, neighborhood characteristics, residential and /or mixed -use potential, and availability of public facilities and services to these sites. If necessary, the Consultant and City staff will identify additional sites that could be redesignated and rezoned to ensure sufficient sites to meet the RHNA. The Consultant will coordinate this step closely with the land use alternatives. The vacant sites inventory will also include a projection of second units likely to be built within the Housing Element planning period. Using building permit information provided by the City, the Consultant will estimate the opportunity for second units based on past development trends. The Consultant will also prepare an assessment of the adequacy of water and wastewater infrastructure to meet existing and future housing needs. The Consultant will describe local, State, and Federal financial and administrative resources available to help the City implement its housing programs. Based on information provided by City staff, the Consultant will describe projected funds, including possible Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funds. The Consultant will update the list of subsidized affordable housing developments in Gilroy. The list will include information regarding number of units, target income groups, funding sources, year built, expiration of affordability covenants, and waiting list information. As required by State law, the Consultant will identify if there are any publicly- assisted affordable housing units that are at risk of converting to market rate within 10 years from the Housing Element due date. If at -risk units are identified, the Consultant will analyze the potential risk of conversion and estimate and analyze the costs of replacing versus preserving the units. The Consultant will also identify funding sources and qualified entities and potential Federal, State, and local funding sources to preserve at -risk units. The Consultant will describe opportunities for energy conservation, including programs and ordinances that promote energy conservation, alternative energy and green building measures, and provisions from the City's Climate Action Plan. The Consultant will also describe local energy conservation programs, such as weatherization and rebate programs provided by local utility companies. Analysis of Potential Constraints. The Consultant will review and update the analysis of governmental and non - governmental constraints, such as land and development costs, site constraints, existing or planned infrastructure, land use controls, building code regulations, fees, and permit and processing procedures. The Consultant will also analyze constraints on housing 36 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F for persons with disabilities as required by SB 520 (2002), as well as the City's permitting procedures for emergency shelters, transitional and supportive housing, and single -room occupancy units. Evaluation of 2007 -2014 Housing Element. The Consultant will review and evaluate the implementation of the 2007 -2014 Housing Element based on information provided by City staff. The evaluation will identify which programs have been accomplished, which programs have been the most successful, and why some housing programs have not been implemented or have been proven unsuccessful. The Consultant will use this information to formulate new housing programs and modify existing programs. Task 9.2 Housing Advisory Committee Meeting #1 The Consultant will hold a study session with the Housing Advisory Committee (HAC), made up of nonprofit and for profit housing developers, renters, rental property owners, homeowners, and affordable housing advocates, to discuss the Housing Element Background Report and gather feedback on any potential revisions. Task 9.3 Housing Element Community Workshop #1 The Consultant will facilitate a workshop to review the Draft Housing Element Background Report. The Consultant will present the city's housing needs and issues based on information developed in the Background Report, and present the city's housing sites inventory and city's ability to meet the RHNA. The Consultant will facilitate a discussion to gather feedback on the Draft Background Report. Task 9.4 Housing Element Policy Document Based on comments from City staff, the Housing Advisory Committee, and the Community Workshop, the Consultant will make appropriate revisions to the Draft Housing Element Background Report and prepare the Housing Element Policy Document, including updated goals, policies, programs, and quantified objectives based on the evaluation of the 2007 -2014 Housing Element, the housing needs and constraints identified in the Background Report, recent changes to State Housing Element Law, public input, and feedback from City staff. The housing policies and programs will build upon the most successful policies and programs from the 2007 -2014 Housing Element. Task 9.5 Housing Advisory Committee Meeting #2 The Consultant will hold a study session with the Housing Advisory Committee (HAC), made up of nonprofit and for profit housing developers, renters, rental property owners, homeowners, and affordable housing advocates, to discuss the Housing Element Policy Document and gather feedback on any potential revisions. Task 9.6 Public Review Draft Housing Element Based on comments from City staff and the Housing Advisory Committee, the Consultant will make appropriate revisions to the Policy Document and prepare the Public Review Draft Housing Element. 37 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 9.7 Planning Commission and City Council Study Sessions The Consultant will attend one study session with the Planning Commission and one study session with the City Council to solicit input on the Public Review Draft Housing Element and request authorization to submit the Housing Element to HCD for the mandated 60 -day review period. The Consultant will describe all input received from the Housing Advisory Committee and community workshop, and any revisions to the Public Review Draft Housing Element proposed in response to this input. Task 9.8 Housing Element Community Workshop #2 The Consultant will facilitate a workshop to review the Public Review Draft Housing Element. Task 9.9 Prepare and Submit HCD Review Draft Housing Element Based on comments from the Planning Commission, City Council, and Community Workshop, the Consultant will compile an HCD Review Draft Housing Element for transmittal to HCD. The Consultant will prepare a cover memorandum to accompany the submission draft, and hand - deliver the draft to HCD in Sacramento. Under State law HCD has 60 days to review the draft. During the review period the Consultant will maintain close contact with the City's designated HCD reviewer to answer any questions he /she may have early in the process. The Consultant will also coordinate a meeting with HCD staff and City staff to discuss the draft Housing Element, prior to the close of the 60 -day review period. Task 9.10 Preliminary Response to HCD Comments Following the City's receipt of HCDs formal comments on the HCD Review Draft Housing Element, the Consultant will prepare an initial response to HCD's comments. Based on staff comments the Consultant will revise the response to HCD comments and then coordinate a meeting or conference call with HCD staff and City staff to discuss the response to comments. Task 9.11 Response to HCD Comments Based on feedback from the HAC, the Consultant will prepare a formal written response for submission to HCD. The Consultant will work closely with HCD to seek a timely conditional approval letter prior to Planning Commission and City Council hearings to adopt the Housing Element. Task 9.12 Initial Study /Negative Declaration The Consultant will prepare an initial study to determine the appropriate project environmental document and review process. If it is determined during the initial study that the Housing Element will have little or no significant environmental impacts, the Consultant will prepare a negative declaration. The Housing Element is anticipated to be consistent with the City's existing General Plan; this scope assumes that only minimal supporting documentation for the negative declaration will be required and will be based on existing, available data. 38 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 9.13 Public Hearing Draft Housing Element The Consultant will prepare a Public Hearing Draft Housing Element that incorporates all of the responses to HCD comments. Task 9.14 Planning Commission and City Council Hearings The Consultant will attend two adoption hearings, one with the Planning Commission and one with the City Council, to adopt the Housing Element prior to the State - mandated December 2014 deadline. The Consultant will prepare the Final Housing Element that incorporates any changes made by the City Council in adopting the Housing Element. The adopted Housing Element will be formatted to fit within the New General Plan to create a single, comprehensive document. Task 9.15 Housing Element Transmittal to HCD The Consultant will prepare a memorandum to accompany submission of the adopted Housing Element to HCD for the mandated final 90 -day review period leading up to HCD certification of the Housing Element. The Consultant will hand deliver the adopted Housing Element to HCD in Sacramento. Phase 10: Economic Development Strategic Plan Task 10.1 Project Start Up and Institutional Review The Consultant will begin the project by reviewing the priorities for the project and the work of existing economic development programs that have been completed to date. This includes an overview of internal economic development initiatives led by City agencies, as well as outside entities that are funded by Gilroy such as the Gilroy Economic Development Corporation. Since the Economic Development Strategic Plan (EDSP) will run concurrently with the General Plan process, much of the data gathering will occur in conjunction with the General Plan background study. As part of that effort, the Consultant will acquire third -party data such as the EMSI and U.S. Census data, and request access to any business license data, employment, and municipal budget information maintained by the City. For the EDSP, the Consultant will additionally request sales tax data, prior economic studies, and survey data, if available. The Consultant will supplement the data available from the City with interviews with local business associations and economic development agencies. Task 10.2 Public Involvement Process To the extent possible the project team will integrate the EDSP process with the General Plan meeting schedule, and present findings from the General Plan background studies concurrently with the EDSP. This will minimize overlap and ensure that the EDSP's scheduled completion in late 2013 coincides with the information that the project team will develop as part of the General Plan process. 39 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 10.3 Economic Base and Target Industry Study In order to identify linkages between the city economy and the broader countywide and regional industry clusters, the Consultant will create an inventory of cluster businesses located within the city. This will provide a starting point to understand how the local economy is integrated with the regional economy and particularly the industry clusters with the greatest potential for success. This step will build on the economic base analysis that will be developed as part of the General Plan background study. The analysis will include a discussion of which clusters are best represented in the city, what gaps in business suppliers and services may exist, and the factors that relate to business location within the city and throughout the county. The Consultant will compare the regional job concentration and distribution with the industries represented in Gilroy. The Consultant will also look at regional growth trends and projections to identify how Gilroy's strengths compare with the regional growth opportunities. The target industries will be based on the roles that different sectors have within the regional economy, based on their growth and employment concentration characteristics. This study will also look at projected job growth and estimate Gilroy's capacity to capture its share of growth. In order to complete these studies, the Consultant will use a variety of primary and secondary data sources, including prior studies and the cluster identifications done on an annual basis by Joint Venture: Silicon Valley. For the industry employment trends and cluster concentrations, the Consultant will use the EMSI data for Gilroy and Santa Clara County. In discussions with City staff, the regional boundary can be expanded to include other surrounding counties. Task 10.4 Site Analysis The site analysis will look at the site development requirements for different land uses and target industries the City might consider for development or expansion. This analysis will compare those broader requirements to Gilroy's development capacity in terms of land supply, building inventory, and infrastructure. The analysis will also identify development prototypes matching the target industries, and develop proformas that assess the project feasibility for those prototypes. Throughout the process, the site analysis will consider Gilroy's unique attributes, and assess their relevancy to the various target industries under consideration. The site analysis will run parallel to the target industry analysis in the EDSP. Task 10.5 Labor Force Study The General Plan background report will include a brief analysis of occupations represented in Gilroy's labor force. This task will take a more detailed look at the occupational distribution as it pertains to the identified clusters of opportunity, including the general labor force training requirements for the top occupations. The Consultant will also look at the match between Gilroy's job base and its labor force, in order to identify gaps that currently exist. In addition to the EMSI data, the analysis will look at commute pattern data and differences between the labor force and job base, as shown in the Local Employment Dynamics database. 40 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 10.6 Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis The SWOT analysis is a crucial element of an economic strategic plan because it identifies the strategic issues that must be addressed in the action plan. Through the analysis, some of which is covered by the studies described above, the project will add data indicators to the SWOT analysis as well as identify potential solutions or strategies to either remedy adverse issues or avoid their impact, and also to capitalize on strengths and opportunities to achieve City goals. In addition to internal business climate factors, the SWOT analysis will address external factors such as existing labor force demand, global market conditions as they pertain to the regional industry clusters, state and federal policies affecting business competitiveness, and future regional transportation and development patterns. Task 10.7 Tourism Analysis As a first step in this task, the Consultant will review the existing studies that have been done of Gilroy's tourism sector. In particular, the Consultant will look for any visitor survey data, quantitative studies, and other information that might have already been developed. The Consultant will also comprehensively assess the existing visitor - serving resources, the city's visitor attractions, and how the City of Gilroy currently allocates resources for tourism marketing and promotion. As part of this process, the Consultant will interview the key stakeholders in the local and regional tourism market in order to assess the city's existing role in the market, and how it might evolve in the future. In addition to reviewing the existing tourism studies, the Consultant will analyze the local and regional lodging market by looking at the quantity and quality of the existing room inventory, and comparing it with the lodging trends (occupancy, RevPAR, etc.). This will help identify Gilroy's existing role in the regional tourism market and gaps that require filling before the city can expand its role as a visitor destination. After completing the analytical tasks, the Consultant will produce a background report that summarizes the tourism analysis findings. This will be done concurrently with the General Plan background studies, and the Economic Development Strategic Plan. Task 10.8 Technology Infrastructure Analysis In conjunction with the target industry and market studies, the Consultant will conduct a more focused examination of the technology infrastructure required by existing and potential businesses that want to locate in Gilroy. This analysis will begin with an inventory of the city's technology assets, including broadband service and utilities, the level of service available, and the cost. The inventory will also identify any differences in service availability and /or quality that might exist by location within Gilroy. Concurrently, the analysis will compare the technology availability with the requirements that different types of businesses have in order to locate in particular area. These findings will assess Gilroy's competitive position for attracting and retaining businesses with a high reliance on technology infrastructure. The analysis will also identify the extent to which service and availability improvements are needed in order to make Gilroy a more attractive place for business location. Task 10.9 Preparation of Strategic Plan The strategic plan will outline the vision and direction for the City's economic development program, and describe the tools and partnerships that will be important to achieve success. The plan will also 41 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F include a detailed action plan outlining the sequence of steps and the time frames and resources needed to implement each component of the plan. There are a number of other economic development players in Gilroy and Santa Clara County, and it is very important to coordinate these other efforts wherever possible. The strategy will review the organizational issues associated with providing seamless economic development services in Gilroy and making recommendations on ways the City can improve the efficiency of activities devoted to economic development. In addition, the Consultant will identify and demonstrate the key data sources that are important to help the City monitor its progress and identify issues during the course of implementing the plan. This will be coordinated with the General Plan process, as it includes a comprehensive review of Gilroy's information and data collection systems. There are several key components of the strategy: Business Expansion and Retention. A key component of any economic development strategy is a program to support the existing business community in its efforts to grow and prosper. The Consultant will evaluate the existing programs and recommend a process to ensure that business needs for services are identified and responded to efficiently. Business Climate Issues. The strategic issues identified in the SWOT analysis will be addressed in terms of initiatives the City can take to resolve or avoid negative issues and take advantage of opportunities and strengths. It may also include other issues related to infrastructure financing, development standards, industry development trends, and community image and promotion. Entrepreneurship and Business Development. A key area of the strategy would focus on encouraging innovative businesses to locate and grow in Gilroy. The City already has economic development relationships in place. The strategy will expand on ways to enhance this collaboration and add new elements as needed to create a robust business development program in the city. Land Use Relationships. This issue would deal with how to fit employment generating uses as well as tourist - serving, local- serving, and regional- serving commercial development together in the city while maintaining the character of development necessary for each use and for each district in the town in which they would be developed. Revenue Generating Opportunities. This step would not only involve identification of funding opportunities to help implement the strategy, but also interface with the New General Plan by prioritizing the land use opportunities in terms of their potential to generate tax revenue. In addition, it will prioritize the best prospects for the City to generate revenue based on real estate investments and other enterprise initiatives. 42 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Phase 11: Infrastructure Master Plans Task 11.1 Infrastructure Master Plan: Water System Subtask 11.1.1: Update Water System Design and Planning Criteria. The Consultant will update the design and planning criteria used for judging the capacity adequacy of the existing distribution system and for planning future facilities. The criteria include water consumption unit factors, acceptable pipe velocities and headlosses, and maximum and minimum pressures. Subtask 11.1.2: Update Demand Analysis based on Land Use and Population. The Consultant will perform a demand analysis to reflect the land use and population projections from the New General Plan. The demand analysis summarizes historical demands, and accounts for the Water Conservation Act of 2009 targets as documented in the Urban Water Management Plan (SBx 7- 7). Subtask 11.1.3: Update Systemwide Storage Analysis. The Consultant will perform a systemwide storage analysis, by pressure zone, accounting for the updated growth documented in the New General Plan. Subtask 11.1.4: Update Hydraulic Model and Calibrate to SCADA at Wells, Storage Tanks, and Booster Stations. The Consultant will update the hydraulic model to reflect recent water main construction and recent water production. The Consultant will obtain water use data from the water billing records and geo coded to the hydraulic model junctions. The Consultant will develop a calibration plan for installing up to four to five pressure loggers at a time, and for a monitoring period of one week at each selected site. The calibration plan may span over a period of three weeks and include up to 15 sites. The Consultant assumes City operations staff will acquire and install the pressure loggers and provide the information to the consultant. The Consultant assumes City staff will provide SCADA information from supply wells, tanks, and pump stations for the period paralleling the field calibration effort. Subtask 11.1.5: Evaluate Existing Distribution System and Propose Improvements. The Consultant will use the hydraulic model InfoWater (by Innovyze) to evaluate capacity adequacy of the existing distribution system to meet the service requirements established in the Design and Planning Criteria. The Consultant will identify improvements to mitigate existing deficiencies and document them in tables and exhibits. Subtask 11.1.6: Propose Improvements for Future Growth. The Consultant will use the hydraulic model for extending the distribution system infrastructure to service future growth. The Consultant will identify needed improvements to service growth and document in tables and exhibits. Subtask 11.1.7: Develop Phased Capital Improvement Program with Cost Allocations Analysis. The Consultant will prepare a Capital Improvement Program (CIP) on the basis of the findings of the previous tasks. The Consultant will prioritize proposed improvements based on the hydraulic capacity deficiency. It is understood that determining the structural condition is not a part of this project; however, should that information be available, the Consultant will consider it in designating the construction priorities and urgency for replacement. 43 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The Consultant will identify the CIP projects as improvement projects to mitigate existing deficiencies (existing customer) or capacity expansion projects to accommodate growth (future customers). Where a proposed improvement accommodates both existing and future . customers, the Consultant will provide a percent of benefit to existing versus future customers. This percent benefit will be used for cost sharing purposes. Subtask 11.1.8: Prepare Water System Master Plan Report. The Consultant will prepare a Draft Water System Master Plan Report that documents the development of the hydraulic model, the design and performance criteria, the demand projections, the identified deficiencies, the proposed improvements, the capital improvement programs, and cost sharing suggestions. The master plan will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in electronic PDF format for City staff review. Following the review period, the Consultant will incorporate the changes in the final document. The Consultant will produce the final document in PDF and hardcopy. Subtask 11.1.9: Project Management and Meetings. The Consultant will emphasize continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face -to -face meetings and /or as needed by City staff, and depending on progress. Key meetings include the kick -off meeting and data collection, performance criteria and demand allocation methodology, capacity analysis results, capital improvements and cost - sharing, and master plan report presentation to City Council. Subtask 11.1.10: Water System Operational Enhancements —Time of Use. The Consultant will evaluate enhanced operational strategies to take advantage of lower energy costs based on Time of Use schedules. The Consultant will identify Specific Time of Use scenarios and use the hydraulic model to determine the impact on storage and pump size requirements. Based on discussions with City staff, the level of effort for this task was set at three days for identifying preliminary findings. City staff will then decide if Time of Use should be pursued further. Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits, submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report Review Package: Design and Performance Criteria Summary Review Package: Existing System Deficiencies and Proposed Improvements Review Package: Hydraulic Model Calibration Program Review Package: Hydraulic Model Calibration Results Review Package: Future System Expansion Review Package: Capital Improvement Program and Exhibits Deliverable: Draft Water System Master Plan Report in Electronic PDF format Deliverable: Final Water System Master Plan Report in electronic PDF format and 5 hard copies Deliverable: Final Microsoft Excel file containing the CIP (the CIP can be updated by updating unit costs) Deliverable: GIS layers and Hydraulic Model electronic files. 44 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 11.2 Infrastructure Master Plan: Sewer System Subtask 11.2.1: Update Sewer System. Design and Planning Criteria. The Consultant will update the design and planning criteria used for judging the capacity adequacy of the existing sewer system and for planning future facilities. The criteria include sewer flow unit factors, acceptable d/D for dry weather flows, and acceptable surcharging in manholes during wet weather. Subtask 11.2.2: Update Flow Projections based on Land Use and Population. The Consultant will perform a sewer flow analysis to reflect the land use and population projections from the New General Plan. The sewer flow analysis accounts for recent trends in water conservation. Subtask 11.2.3: Sewer Flow Monitoring (2 weeks for wet weather at 10 sites). The Consultant will retain the services of Villalobos and Associates to install 11 flowmeters measuring wastewater flows for a period of two weeks. The analysis will include an infiltration and inflow study. Prior to commencing the work, the Consultant will prepare a flow monitoring program and submit it to City staff for approval. The Consultant will document the flow monitoring results and infiltration and inflow analysis in a separate report, included in the master plan report, and used for calibrating the hydraulic model. Subtask 11.2.4: Update Hydraulic Model and Calibrate. The Consultant will update the hydraulic model to reflect recent sewer trunk construction and recent flows, as measured at the Harding Meter. The Consultant will base the sewer flows on the geocoded distribution of the water billing records, and include a return to sewer ratio to account for landscape irrigation that does not return to the sewer system. In addition to calibrating at the Harding Meter, the Consultant will conduct flow monitoring at 10 sites for a period of two weeks to capture dry and wet weather flows. Subtask 11.2.5: Evaluate Existing Sewer Collection System and Propose Improvements. The Consultant will use the hydraulic model InfoSWMM (by Innovyze) to evaluate capacity adequacy of the existing sewer collection system to meet the service requirements established in the Design and Planning Criteria. The Consultant will identify improvements to mitigate existing deficiencies and document them in tables and exhibits. Subtask 11.2.6: Propose Improvements for Future Growth. The Consultant will also use the hydraulic model for extending the sewer collection system infrastructure to service future growth. The Consultant will identify needed improvements to service growth and document in tables and exhibits. Subtask 11.2.7: Develop Phased Capital Improvement Program with Cost Allocations Analysis. The Consultant will prepare a Capital Improvement Program (CIP) on the basis of the findings of the previous tasks. The Consultant will prioritize the proposed improvements based on the hydraulic capacity deficiency. It is understood that determining the structural condition is not a part of this project; however, should that information be available, the Consultant will consider that information in determining the construction priorities and urgency for replacement. The Consultant will identify the CIP projects as improvement projects to mitigate existing deficiencies (existing customer) or capacity expansion projects to accommodate growth (future customers). Where a proposed improvement accommodates both existing and future 45 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F customers, the Consultant will provide a percent of benefit to existing versus future customers. This percent benefit will be used for cost sharing purposes. Subtask 11.2.8: Prepare Sewer System Master Plan Report. The Consultant will prepare a Draft Sewer System Master Plan Report that documents the development of the hydraulic model, the design and performance criteria, the sewer flow projections, the identified deficiencies, the proposed improvements, the capital improvement programs, and cost sharing suggestions. The master plan will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in digital PDF format for City staff review. Following the review period the Consultant will incorporate the changes in the final document. The Consultant will produce the final document in PDF and hardcopy. Subtask 11.2.9: Project Management and Meetings. The Consultant will emphasize continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face -to -face meetings and /or as needed by City staff, and depending on progress. Key meetings include the kick -off meeting and data collection, performance criteria and sewer flow calculation methodology, capacity analysis results, capital improvements and cost sharing, and master plan report presentation to City Council. Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits, submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report: Review Package: Design and Performance Criteria Summary Review Package: Existing System Deficiencies and Proposed Improvements Review Package: Flow Monitoring Program Review Package: Hydraulic Model Calibration Results Review Package: Future System Expansion Review Package: Capital Improvement Program and Exhibits Deliverable: Flow Monitoring Report Deliverable: Draft Sewer System Master Plan Report in Electronic PDF format Deliverable: Final Sewer System Master Plan Report in electronic PDF format and 5 hard copies Deliverable: Final Microsoft Excel file containing the CIP (CIP can be updated by updating unit costs) Deliverable: GIS layers and Hydraulic Model electronic files 46 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 11.3 Infrastructure Master Plan: Storm Drainage Subtask 11.3.1: Update Hydrology and Hydraulic Criteria. The Consultant will update the hydrology and hydraulic criteria used for judging the capacity adequacy of the existing storm drainage system and for planning future facilities. The criteria include design storm for the conveyance system, design storm for the flow control facilities, minimum acceptable slopes in pipes, and maximum flooding levels. Subtask 11.3.2: Update Land Use. The Consultant will update the existing and proposed future land use information and process them for use in the hydrology model. To the extent possible the Consultant will rely on land use data prepared as a part of the New General Plan program. Subtask 11.3.3: Update Hydrology and Hydraulic Models. The Consultant will update the hydrology and hydraulic models, used in the 2002 master plans, to reflect recent pipe construction. Subtask 11.3.4: Evaluate Existing Storm Drainage System and Propose Improvements. The Consultant will use the hydrology (HEC -1 and HEC -HMS) and hydraulic model InfoSWMM (by Innovyze) to evaluate the capacity adequacy of the existing storm drainage system to meet the service requirements established in the Design and Planning Criteria. The Consultant will identify improvements to mitigate existing deficiencies and document them in tables and exhibits. Subtask 11.3.5: Propose Improvements for Future Growth. The Consultant will also use the hydraulic models for extending the storm drainage system infrastructure to service future growth. The Consultant will identify needed improvements to service growth and document in tables and exhibits. Subtask 11.3.6: Develop Phased Capital Improvement Program with Cost Allocations Analysis. The Consultant will prepare a Capital Improvement Program (CIP) on the basis of the findings of the previous tasks. The Consultant will prioritize the proposed improvements based on the hydraulic capacity deficiency. The Consultant understands that determining the structural condition is not a part of this project; however, should that information be available, the Consultant will consider that information in determining the construction priorities and urgency for replacement. The Consultant will identify the CIP projects as improvement projects to mitigate existing deficiencies (existing customer) or capacity expansion projects to accommodate growth (future customers). Where a proposed improvement accommodates both existing and future customers, the Consultant will provide a percent of benefit to existing versus future customers. The Consultant will use this percent benefit for cost sharing purposes. Subtask 11.3.7: Prepare Storm Drainage Master Plan Report. The Consultant will prepare a Draft Storm Drainage Master Plan Report that documents the development of the hydraulic model, the design and performance criteria, the sewer flow projections, the identified deficiencies, the proposed improvements, the capital improvement programs, and cost sharing suggestions. The master plan will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in digital PDF format for City staff review. Following the review period the Consultant will incorporate the changes in the final document. The Consultant will produce the final document in PDF and hardcopy. 47 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Subtask 11.3.8: Project Management and Meetings. The Consultant will emphasize continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face -to -face meetings and /or as needed by City staff, and depending on progress. Key meetings include the kick -off meeting and data collection, hydrology and hydraulic criteria, capacity analysis results, capital improvements and cost - sharing, and master plan report presentation to City Council. Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits, submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report: Review Package: Hydrology and Hydraulic Criteria Summary Review Package: Existing System Deficiencies and Proposed Improvements Review Package: Future System Expansion Review Package: Capital Improvement Program and Exhibits Deliverable: Draft Storm Drainage Master Plan Report in Electronic PDF format Deliverable: Final Storm Drainage Master Plan Report in electronic PDF format and 5 hard copies Deliverable: Final Microsoft Excel file containing the CIP (CIP can be updated by updating unit costs) Deliverable: GIS layers and Hydraulic Model electronic files Task 11.4 Infrastructure Master Plan: Wastewater Treatment Plant and Recycled Water This Master Plan will also include the recycled water users, demands, existing system and proposed improvements, as extracted from the 2013 SCVWD South County Recycled Water Pipeline Hydraulic Analysis. Subtask 11.4.1: Update Wastewater Flow Projections by Land Use. The Consultant will update the existing and future land use inventories, the wastewater flow coefficients, and the wastewater flow projections for the cities of Gilroy and Morgan Hill and which are tributary to the Wastewater Treatment Plant. These flows are currently documented in a 2011 SCRWA report, and this task will update them for consistencies with the new Gilroy and Morgan Hill General Plans. Subtask 11.4.2: Update Wastewater Flow Projections by Population and by Permits. For comparison purposes the 2011 SCRWA report included flow projections by population and by permits. The Consultant will update these flow projections for consistency with the new Gilroy and Morgan Hill General Plans. Subtask 11.4.3: Update Wastewater Treatment Plant Triggers. The Consultant will update the triggers for upgrading various components of the Wastewater Treatment Plant. Subtask 11.4.4: Recycled Water System and Users. The Consultant will document the existing recycled water transmission system, existing users, short -term future users, and proposed system improvements, as documented in the 2013 SCVWD hydraulic analysis. 48 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Subtask 11.4.5: Prepare Report. The Consultant will prepare a draft report that documents the wastewater flow projections using the land use, population, and permits methods. The Consultant will also identify the Wastewater Treatment Plant required upgrades, previously identified in a 2011 SCRWA report. The report will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in digital PDF format for City staff review. Following the review period the Consultant will incorporate the changes in the final document. The Consultant will produce the final document in PDF and hardcopy. Subtask 11.4.6: Project Management and Meetings. The Consultant will emphasize continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face -to -face meetings and /or as needed by City staff, and depending on progress. Key meetings include the kick -off meeting and meeting presenting the updates the 2011 SCRWA report. The Consultant will present the final report to the City Council. Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits, submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report: Review Package: Wastewater Flow Projections (Land Use, Population, Permits) Review Package: Wastewater Treatment Plant Triggers Review Package: Recycled Water System and Users Deliverable: Draft Report in Electronic PDF format Deliverable: Final Report in electronic PDF format and 5 hard copies 49 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F EXHIBIT "C" MILESTONE SCHEDULE 1MDOLINGER11070823.1 -1- 101712- 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The New Gilroy General Plan PHASE 1: PROJECT INITIATION Aug Sept 2013 Oct Nov Dec Jan Feb Mar Apr May 2014 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2015 Jun Jul Aug Sep Oct Nov Dec Jan 2016 Feb Mar Apr Kick-off Meeting and City Tour Organize - Community gage - nt Strategy Create Project Website Form and Hold First TAC Meeting General Plan Advisory Committee Meeting #1 All-HandsKick-OffWorkshopwiththeCC/PC/GPAC PHASE Opportunities, 2: BACKGROUND REPORT GIS Database and Project Base Maps f Administrative Draft Background Report TAC Meetings #2 • , Public Review Draft Background Report Issues and Opportunities Summary Report Newsletter #2: Issues and Opportunities Summary PHASE 3: VISION AND GUIDING PRINCIPLES Community Workshop #2: Envisioning GilrDy Preliminary Draft Vision and Guiding Principles GPAC Meeting #5 CC/PC Study Sessions: Visioning Final Draft Vision and Guiding Principles PHASE Community Newsletter #3: Vision and Guiding Principles 4: LAND USE ALTERNATIVES Workshop , • Use Concept TAC Meeting #4 GPAC Meetings #6 and 7 Develop Land Use and Policy Alternatives Altematives Evaluation 14.5.1 Fiscal Impact Analysis 4. 5.2 Travel Forecasting AdrT midtrative Draft Alternatives Report TAC Meeting #5 GPAC Meeting #8 Draft Alternatives Report Newslefter#4: Alternative Futures GPAC Meeting #9 IMFinal Alternatives Report CC/PC Study Sessions: Alternatives rred Alternative Printed: 7/15/2013 at 2:59 PM Pg, i 0 3 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The New Gilroy General Plan PHASE 5: PREPARE THE GENERAL. PLAN Evaluate Existing General Plan and Develop Policy Aug Sept 2013 Oct Nov Dec Jan Feb Mar Apr May 2014 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2015 Jun Jul Aug Sep Oct Nov Dec Jan 2016 Feb Mar Apr TAC Meeting #6 Mi GPAC Meeting #10 Issues General Plan Structure . . A. -Draft MGPAC Meetings #11, #12, and #13 City Council and Planning Commission Study Sessions Public Review Draft General Plan PHASE Newsletter #5: Draft General Plan 6: ENVIRONMENTAL REVIEW Initial Study/Notice of Preparation Scoping Meeting Administrative Draft MlDraft Environmental Impact Report ........ Responses to Public Comments on the Draft Program EIR/Final Program EIR/Mitigation Monitoring and Reporting Program/Notice of Determination Findings of Fact and Statement of Overriding Considerations PHASE 13111111,Community Revised Draft Initial Study C he -and- Revised Draft Thresholds of Significance 7: PLAN ADOPTION Open House: Celebrating the New General Plan.MMMMMMMMMMM Planning Commission Hearings (2) City Council Final General P.. Documents PHASE City Adoption Hearing 8: ZONING CODE UPDATE Summary Matrix of Zoning Code Issues Ml Zoning Administrative Draft . .. Preliminary Draft Zoning .. PHASE P R i . .. 9: HOUSING ELEMENT UPDATE Housing Advisory Committee Meeting #1 Housing Element Community Workshop #1 Housing Advisory C. . #2 M Public Review Draft . City Council and Planning Commission Study Housing CommunityWorkshop#2 Prepare and Submit HCD Review Draft Housing E ement Preliminary Response to HCD Comments Response to HCD Comments MIMI Initial Study/Negative Declaration Public Hearing Draft Housing Element MiCity Council and Planning Commission Public Hearings 1121111 Housing Element Transmittal to HCD Printed: 7/15/2013 at 2:59 PM PC), Z ' 3 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The New Gilroy General Plan Sept HASE 10: ECONOMIC DEVELOPMENT STRATEGIC PLAN Project Start Up and Institutional Review 2013:` Oct Nav pe"c -<.. 2014" o .,, . Jun Jul,._,_ >..fi . ,... av CSec 2015 M _ , Jari Feb "' lllCar , AAaiy Jun 2016. Jul : °..,, lllov °" ° Feb Mar Public Involvement Process Economic Base and Target Industry Study Strengths, Weaknesses, Opporturtities-, and Threats (SWOT) Tourism Analysis PHASE Preparation of Strategic Plan 11: INFRASTRUCTURE MASTER PLANS Infrastructure Master Plan: Water I Update Water System Design and Planning Criteria Update Demand Analysis based on Land Use and Population Update Systemwide Storage Analysis Update Hydraulic Model and Calibrate to SCDA at Wells, Storage Tanks and Booster System Evualate Existing Distribution System and Propose Improvements Propose Improvements for Future Growth Prepare Water Systems Master Plan Report Project Management and Meetings MW ater System Operational Enhancements - Time of Use Infrastructure-Master Plan: Sewer System Update Sewer System Design and Planning Criteria Update Flow Prijections bas ed on Land Use and Population Sewer Flow Monitoring (2 weeks for we t we ather at 10 sites) M Update Hydraulic Model and Calibrate 0Evaluate Existing Sewer Collection System and Propose hpirovements Propose Improvements for Future Growth MA=ip PhAased Capital Improvements Program, with Cost Prepare Sewer System Master Plan Report Project Management and Meetings Infrastructure Master Plan: Storm Drainage Update Hydrology and Hydraulic Criteria Update Land Use Update Hydrology and Hydraulic Models MEvaluate Existing Storm Drainage Syatem and Propose Improvements Propose Improvements for Future Growth Develop Phased Capital Ipprovements Program, with Coist Allocations Analysis Prepare Storm Drainage Master Plan Report Project Management and Meetings Infrastructure Master Plan: Water Treatment Plant and Recycled Water Update Wastewater Flow Pr p ejections by Land Use Update Wastewater Flow Projections by Population and by IMII I Update Wastewater Treatment Plant Triggers Re5ycled Water System and Users 1146 1 Project Management and Meetings Printed: 7(1512013 at 2:59 PM P9.3b -F3 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F EXHIBIT "D" PAYMENT SCHEDULE IMDOLI NG ER11070823.1 101712 - 04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F ACORat7e DATE (ti;r;;DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 05io112013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 11 PORTANT: If the certifcale holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. If SUBROGATION 1S WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu or such endorsement(s). CONTACT NAME Karen BronsonPRODUCER Leatzow Insurance PHONE (312) 930.5556 FAX (866) 741 -2778Y 300 S. Riverside Plaza, Suite 2100 EMAIL ADDRESS karen@leatzovrinsurance.com Chicago. IL 60606 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: New Hampshire Insurance Company 23841 INSURED INSURER e: Mintier 8r Associates, Inc. " - - - -- d /b /a: Mintier Hamish, LP INSURER C: i 1415 20th Street INSURER D. Sacramento, CA 95811 INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCL DENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR IADDLISUBR TYPE CF INSURANCE I INSRI%WOi POLICY NUMBER POLICY EFF I POLICY EXP I LIMITS MM1DOIYYYYI (t.IMfDDNYYYI 7 I GENERAL LIABILITY EACH OCCURRENCE 5 REYiED PREMISES (Ea cccurTen : e) S I 7 CCfAVERCIAL GENERAL LIABILITY I CLAiSiS NA riE I CCCUR OAMAGETO I MED EXP (Any one Feraon) DOES NOT APPLY I !PERSONAL AND ADV INJURY 5 GENERAL AGGREGATE S I PRODUCTSGEMLA.GGRE3ATE WAIT APPLIES PER COMPIOP AGG is L -- r 1 POLICY PROJECT LOCnn I AUTOMOBILE LIABILITY EIANYAUTC Scheduled i ( Autu I' ALL OWNED Non -owned AUTOS L =Autos Hired Autos I E I I I i I i i I j DOES NOT APPLY i i ii COMBINED SINGLE LIMIT IS Ea accident) i 11 BODILY INJURY (Per person) is EOD Y INJURY (Per accident) L PROPERTY DAMAGE Per accident) c UMBRELLA LIAB OCCUR — E EXCESS LIAB CLAAISAIADE I I DED ! RETENIYJN 5— L L — J DOES NOT APPLY EACH OCCURRENCE s AGGREGATE s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETCRIPARTNERIEXECUTIVE OFFICERINIE ABER EXCLUDED? (— I NIA j i DOES NOT APPLY I NA: STAiU -I TORY LIMITS OTH- I ER L F-L EACH ACGDENT s E.L DISEASE - EA EMPLOYEE 5 E.L. DISEASE • POLICY LIMIT IS _ I` 2,000,000 each claim A PROFESSIONAL LIABILITY LEI i 012295569 11/212012 1 11/2112013 2,O00,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) j I Re: Gilroy GPU CERTIFICATETIFICATE HOLDER CANCELLATION I j Stan Ketchum Community Development Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IEXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Attn: Stan Ketchum THE POLICY PROVISIONS. j 1 City of Gilroy 7351 Rosanna Street pTryORZEDREPRESENTATIVE -- Gilroy, CA 95020 LEATZOW INSURANCE O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACCORD name and logo are registered marks of ACORD DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F JL.AUR -1 OP ID: CC CERTIFICATE OF LIABILITY INSURANCE CAVFRA[;FS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE 08 /051/ YYYY) 08/05/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 916 - 925-5155 wore: Point West Insurance Assoc. 916- 925 -09281111HoyeAve2ndFirSte8155 PMNE No ADDRESS: Sacramento, CA 95825 M Stuart Nelson INSURE S AFFORDING COVERAGE NAIL ! INSURER A: Hartford Casualty Company 29424 10,00 INSURED Mintier & Associates, Inc. INSURER 9: Hartford Fire Insurance Co 119682 dba: Mintier Hamish 1415 20th Street INSURER C: 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG Sacramento, CA 95814 INSURER D: INSURER E: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNEDAUTOS X INSURER F 67SBAEF2053 04124/13 CAVFRA[;FS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL SRTYPE OF INSURANCE POLICY NUMBER M LILYI:wwllyxypyl UMW GENERAL LIABILITY X7 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ] OCCUR X 67SBAEF2063 04124113 04/24/14 EACH OCCURRENCE S 2,000,00 PREMISES Es occurrence 1,000,00 MED EXP (Any one person) 10,00 PERSONAL & ADV INJURY 2,000,00 GENERAL AGGREGATE 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG S 4,000,00 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNEDAUTOS X 67SBAEF2053 04124/13 04/W14 COMBINED SINGLE LIMIT WEasccid 2,000,0011 BODILY INJURY (Per person) BODILY INJURY (Par accident) S PROPERTY DAMAGE Per accident UMBRELLA LIAR EXCESS LIAS OCCUR EACH OCCURRENCE SHCLAIMS-MADE AGGREGATE S DED RETENTIONS B YYORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? Y Mandatory In NH) K S , describe under DESCRIPTION OF OPERATIONS below NIA 57WECNU9666 0412413 04/24/14 X WC STATU- OTH- Y I ER E. L. EACH ACCIDENT 1,000,00 E.L. DISEASE - EA EMPLOYEE S 1,000,00 E.L. DISEASE - POLICY LIMIT S 1,000,00C DESCRIPTION OFF OPtERRRATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, AdddHlonal ((Ramrb Schedule, V nan space is re*drW) Full A] CERTIFICATE REPLACES THE ONE ISSUED 616/13 AND THAT OCUMENT SHOULD BE DESTROYED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. E WILL BE DELIVERED IN Community Development Dept - Attn: Stan Ketchum AUTHORt2ED REPRESENTATIVE 7351 Rosanna Street Gilroy, CA 95020 5'L 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Mintier & Associates, Inc. dba:Mintier Harnish POLICY NUMBER: 57SBAEF2053 Fi THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: BUSINESS LIABi'LITY COVERAGE FORM SCHEDULE Name Of Additional Insured Perso(s) Or OrganlsaWri(s): Location(s) Of Covered Opendlons City of Gilroy, its officers, representatives, The City of Gilroy agents and employees Community Development Dept. Attn: Stan Ketchum 7351 Rosanna Street Gilroy, CA 95020 Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section C. - who Is An Insured Is emended to Include as an addhWW Insured the person(s) or organization (s) shown in the .. Schedule, but only with respect to liability for 'bodily Injury, 'property damage' or 'personal and advertising injury' caused, in whole or In part, by. 1. 'Your ads or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. Form SS 4170 0611 Process Date: B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to 'bodity injury' or property damage' occurring after: 1. AA work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repair;) to be performed by or on behalf of the addttlonal Insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project Page 1 of 1 Policy Expiration Data: 04/24/14 2011, The Hartford Includes copyrighted material of Insurance Services Office, Inc., with its permission) DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F SE. dCOND AMENDMENT TO Agreement for Services between the City and Mintier Harnish for Preparation of the New General Plan WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Mintier Harnish entered into that certain agreement entitled "Agreement for Services between the City and Mintier Harnish" effective on July 18, 2013, hereinafter referred to as "Original Agreement'; and WHEREAS, City and Mintier Harnish have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The additional scope and fees identified in the 11/04/2015 letter to David Stubchaer, Operations Manager, Public Works Department, from Tony Akel, Principal, Akel Engineering Group, Inc. to be included as part of the Original Agreement. 2. This Amendment shall be effective on 11/20/2015. 3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY By: signature] J. Edward Tewes employee name] Interim City Administrator title/department] Date: ! 4845 - 8215- 5540v1 _ 1MDOLINGER04706083 Date: Z S luuel DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Approved as to Form City Attorney 4845 - 8215- 5540v1 MDOLINGERN04706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F AK E L Smart Planning Our ?Water Resources ENGINEERING GROUP, INC. September 4, 2015 City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: David Stubchaer Operations Manager, Public Works Department Subject: Proposal for Engineering Services to prepare the City of Gilroy 2015 Urban Water Management Plan Dear David: We are pleased to submit this letter proposal to provide Engineering Services to the City of Gilroy for preparing the 2015 Urban Water Management Plan (2015 UWMP). This letter proposal includes the Scope of Work and Fee Estimate to complete the project. BACKGROUND AND PURPOSE California municipalities are required under state law to prepare and adopt an Urban Water Management Plan (UWMP) and to update it every five years, in compliance with the Urban Water Management Planning Act (Act). The 2010 Urban Water Management Plan was completed and submitted the Department of Water Resources (DWR) in July 2011. DWR reviewed the 2010 UWMP and issued a letter stating the City of Gilroy's 2010 UWMP is complete on May 14, 2014. The next cycle of plans (2015) are due to DWR on July 1, 2016. DWR is also planning the release of the 2015 UWMP Guidebook (Guidebook), in September 2015. The DWR Review Sheet contains worksheets that should also be completed as part of the 2015 UWMP. This project includes the following tasks: Update the 2010 UWMP to follow the new guidelines, as documented in DWR's 2015 UWMP Guidebook Coordinate plan preparation with the Santa Clara Valley Water District, as they too are preparing their 2015 UWMP. Update demand projections for the next 25 years Update supply availability Complete data reporting requirements (DWR Review Sheet) Review the water use targets established by Senate Bill 7x7 (SB 7x7), which was passed in November 2009, to determine if the City is meeting the objectives it established as part of the 2010 UWMP Assist the City in Public meetings Prepare an Administrative Draft by March 2016. www.ake1eng.com 7433 N. First St, Suite 103 - Fresno, CA 93720 • TEL (559) 436 -0600 • FAX (559) 436 -0622 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Mr. David Stubchaer City of Gilroy, PWD Operations Manager 2015 UWMP Complete Public Review Period by May 2016 Submit Completed UWMP to DWR before July 1, 2016 Fulfill a public workshop, as set forth in SB 7x7 (November 2009) RELEVANT REPORTS The following documents are relevant to this project: August 31, 2015 Page 2 City of Gilroy 2010 Urban Water Management Plan (2010 UWMP), July 2011. DWR issued a letter indicating the City of Gilroy 2010 UWMP was complete. City of Gilroy 2016 Water System Master Plan, in progress (2016 WSMP). This plan will be the basis for the development and distribution of water demands. Population projections in the City's 2015 UWMP will be consistent with this in progress Water System Master Plan. City of Gilroy General Plan, June 2015. This plan is in progress and will be the basis for the preparation of the 2016 Water System Master Plan. Santa Clara Valley Water District, 2012 Water Supply and Infrastructure Master Plan, October 2012. The findings of this report are part of the District's strategic management plan for future water supplies. Santa Clara Valley Water District, 2015 Urban Water Management Plan, (Draft in progress). District staff are completing work on the water demand study and checking with water retailers. Santa Clara Valley Water District, Groundwater Management Plan, 2012. The findings of this report provide the District's objectives for management and strategies in support of the management of groundwater basins. SCOPE OF WORK Task 1. Data Collection and Review Consultant shall review the relevant reports listed in this proposal, as well as other more recent relevant documents, and identify the data needs. A Data Needs matrix will be developed and submitted to City staff. When DWR releases the 2015 UWMP Guidebook in September 2015, the consultant shall update the table and submit to staff. Consultant will conduct a kickoff meeting at the City for initiating the project. The objective of the meeting is to inform the team members of the project schedule and data collection needs. The data needs include: Updated information for the.Demand Management Measures Updated population projections Updated Land Use Map Historical water production for the past 3 years DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Mr. David Stubchaer City of Gilroy, PWD Operations Manager 2015 UWMP August 31, 2015 Page 3 Water Consumption by land use category for the past 3 years List and details of planned known projects Other required information, pending release by DWR of UWMP Guidebook in late 2015. Deliverables: Initial Data Needs Table Revised Data needs Table (Following release of UWMP Guidebook) Task 2. Water Demand Analysis Consultant shall update demand projections based on the most recent land use and population projections, as available from the City's planning department. In order to fulfill SB 7x7, Consultant shall evaluate the baseline water use in gallons per minute, and compare the City's current water production records to the urban water use targets established in the 2010 UWMP. Demand projections shall cover a 25 -year period, commencing in 2015 and ending in 2040. Deliverables: Domestic Water Demand Analysis Table Task 3. Water Supply Analysis Consultant shall describe the City's water supply system and constraints, identify operational procedures, and present information on current water production capacities. The amount of groundwater availability and recycled water supplies will be based on existing reports. This task also includes a 25 -year Demand and Supply Comparison, in 5 -year increments, through the UWMP project horizon year of 2040. Normal years, single dry years, and multiple dry years will be considered. Deliverables: Water Supply Summary Demand vs. Supply Comparison Table Task 4. Demand Management Measures (DMMs) Consultant shall review and update the status of DMMs, as documented in the 2010 UWMP. These programs include water survey, residential plumbing retrofits, system water audits, metering with commodity rates, large landscape conservation programs, high- efficiency washing machine rebate programs, public information programs, school education programs, wholesale agency programs, water waste prohibitions, and residential ultra -low- flush toilet replacement programs. DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Mr. David Stubchaer August 31, 2015 City of Gilroy, PWD Operations Manager Page 4 2015 UWMP This task will also comply with SB7x7 requirement as follows: The goal of the bill is to reduce California's per capita water use, in gallon per capita per day (gpdc), by 20% by December 31, 2020 The interim goal is to reduce California's per capita water use by 10% by December 31, 2015. The interim per capita water use target will be evaluated as part of the 2015 UWMP. Deliverables: Summary of DMMs Per Capita Water Use (Interim and Final Targets) Task 5. Water Shortage Contingency Plan The 2010 UWMP included a discussion on the water shortage contingency plan that described the actions in the event of a shortage, as well as water waste prohibitions. The 2010 UWMP includes discussions on the following: Water shortage stages and reduction objectives Prohibitions, consumption reduction methods, and penalties Actions during a catastrophic interruption Reduction measuring mechanism Water Shortage Contingency Ordinance /Resolution Consultant shall review and update the water shortage contingency plan and submit to City staff for approval. Deliverables: Water Shortage Contingency Plan Task 6. Prepare UWMP Report (Administrative Draft, Final Draft, Final) Consultant shall prepare an Administrative Draft of the 2015 UWMP and submit to the City and to SCVWD for review and to DWR for a completeness review. Review comments will be incorporated in the Final Draft 2015 UWMP. Consultant shall coordinate with city staff for submitting the Final report to DWR no later than July 1, 20111. Deliverables: DWR Review Sheet 7 hard copies and -1 pdf version 2015 UWMP Administrative Draft for City and SCVWD 7 hard copies and 1 pdf version 2015 UWMP Final Draft for public review 10 hard copies and 1 pdf version 2015 UWMP Final for Council Adoption and an electronic submittal to DWR DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Mr. David Stubchaer August 31, 2015 City of Gilroy, PWD Operations Manager Page 5 2015 UWMP Task 7. Public Participation and Review The City's public participation program may include both active and passive means of obtaining input from the community, including mailings, public meetings, and web based communication. Consultant shall present the UWMP information at a City Council meeting. The consultant shall prepare any necessary handouts or exhibits. Two successive weeks prior to adoption of the final document, City staff shall post a notice of the public hearing of the UWMP and publish it in the local newspaper. The notice shall notify interested parties that a draft UWMP was available at various City facilities and on the City's web page. Deliverables: Public presentation of UWMP Task 8. Project Meetings and Management Consultant shall maintain effective communication and participate in periodic coordination meetings throughout the duration of the project. This task assumes up to 4 project face to face meetings and as needed teleconference and coordination meetings. One of the face to face meeting include coordination with the Santa Clara Valley Water District Deliverables: Meeting agenda and minutes Progress reports and invoices SCHEDULE The 2015 UWMP shall be completed and submitted to DWR before July 1, 2016. Other milestones include: DWR updated Guidebook (September 2015) Administrative Draft (March 2016) Final Draft (April 2016) Final Report (Early June 2016) FEE ESTIMATE A not to exceed fee of thirty -nine thousand one hundred and fifty -four dollars ($39,154) is hereby established for the Consultant's services, unless amended by the scope of work. The City shall pay in accordance with the attached Fee Schedule. Should you need additional information, or have questions regarding this proposal, please do not hesitate to call me. I look forward to hearing from you. DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Mr. David Stubchaer City of Gilroy, PWD Operations Manager 2015 UWMP Sincerely, AKEL ENGINEERING GROUP, INC. Tony Akel, P.E. Principal Copy: Rick Smelser, P.E., City Engineer Saeid Vaziry, P.E. TAA Enclosure: Fee Schedule August 31, 2015 Page 6 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F City of Gilroy 2015 Urban Water Management Plan Estimated Fee September 4, 2015) A K E L DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F THIRD AMENDMENT TO Agreement for Services Between the City and Mintier Harnish for Preparation of the New General Plan WHEREAS, the City of Gilroy, a municipal corporation ( "City"), and Mintier Harnish entered into that certain agreement entitled "Agreement for Services Between the City and Mintier Harnish for Preparation of the New General Plan ", effective on July 13, 2013, hereinafter referred to as "Original Agreement "; and WHEREAS, City and Mintier Harnish have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 1, Term of Agreement shall be revised to extend the term of the agreement to June 30, 2020. 2. Article 3. Services to Be Performed by Consultant, A. Specific Services, Exhibit "B" ( "Scope of Services ") of the Original Agreement shall be amended as shown in Exhibit "B" ( "City of Gilroy General Plan Revised Scope of Work, Revised March 6, 2017 "). 3. Article 3. Services to Be Performed by Consultant, A. Specific Services, Exhibit "C" Milestone Schedule ") of the Original Agreement shall be removed and replaced with Exhibit "C" Gilroy General Plan Revised Schedule, March 6, 2017 "). 4. Article 4. Compensation, A. Consideration shall be revised as follows: In consideration for the services -to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Revised Gilroy General Plan Budget Proposal, March 28, 2017 "). In no event shall the total compensation for this third amendment paid to consultant exceed $687,000.00, and the total compensation paid to consultant under the original agreement, as amended by this third amendment and prior amendments, shall in no event exceed 2,460,279.00. This Amendment shall be effective on August 8, 2017. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 1- DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. r CITY OF GILROY MINTIER By: By: signature, - Gabriel Gonzalez Jim employee name] City Administrator title /department] Date: Approved as to Form t7= City A orney 2- Date: ce fee I I DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Exh;Imo'4- 5 Scope of Work for the Resumption of the 2040 General Plan Revised March 29, 2017 The following work program identifies the primary content and work flow for the project. Adjustments and refinements to the specific tasks may occur during the process, in order to achieve the required outcomes. 1. Community Engauement Strategy A. Community Workshops - one community workshop and one open house. B. Translation Services - for the community events: verbal translation at meeting and translation of all written materials. C. Gilroy 2040 Website D. Interactive on -line community engagement — use of MindMixer Town Hall Forum and City's new Your Voice program E. E- blasts - to the General Plan 2040 email contact list at key points in the process. F. Newsletters - at two key milestones (prior to Community Workshop & at publication of the Draft GP G. General Plan Advisory Committee - reconvene to review and provide input on the Alternatives process and the Revised Draft General Plan 2040 H. City Council and Planning Commission Study Sessions - for selection of the Preferred Land Use Alternative & acceptance of Draft General Plan Policy Text. I. Stakeholder Forums on housing and economic development issues for Gilroy to 2040. J. Events /Festival Booths — could include Downtown Movable Feast K. Youth Engagement - work with City staff, the Gilroy Unified School District, and /or Gavilan College to develop outreach materials and methods that will appeal to the youth L. Social Media Sites - assist City staff with providing content for social media, including Facebook, Google +, Foursquare, Twitter and Constant Contact. 1 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F 2. Phase 4 - Land Use Alternatives Develop, evaluate, and compare land use alternatives that will achieve the City's Vision and Guiding Principles within the revised growth area created by the Urban Growth Boundary. The culmination of this phase will be selection by the City Council of a Preferred Land Use Alternative. Task 4.1.1 Internal City Kick -Off Meeting - discuss conceptual land use alternatives, reaffirm roles and responsibilities, and confirm the project schedule Task 4.1.2 Update Existing Conditions and Future Projections Data — including vacant land inventory, future housing and economic development projections, planned circulation network Task 4.1.3 - GPAC Meeting #18 - summarize the initiative - driven changes to the General plan, including implication on housing supply and economic development; present options for addressing these changes, including some initial thoughts on land use and policy alternatives. Task 4.1.4 Develop Land Use Alternatives - Consultant and staff collaborate to develop three distinct land use alternatives. Task 4.1.5 - GPAC Meetings #19 and #20 — presentation of initial alternatives, GPAC discussion and refinement of the land use alternatives as necessary. — Stakeholder forums on Housing and Economic Development - receive input from economic development and housing industry representatives professionals /others regarding their ideas and expectations for the completion of the 2040 General Plan based on the new Urban Growth Boundary. Task 4.1.6 - Update and Validate the City Traffic Model Task 4.1.7 Land Use Alternatives Evaluation - evaluate implications on land use, public facilities and services, fiscal and economic impact, and the natural environment. Specific areas that will be addressed include: A. Land use and development B. Urban design C. Housing types, choices, location, density, and affordability. D. Fiscal impact analysis of City costs, revenues and funding for public services E. Circulation and transportation F. Public infrastructure and service demands G. Open space, parks, and recreation H. Conservation and environmental resources J. Public safety DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 4.1.8 - Administrative Draft Alternatives Report — results of alternatives analysis; review and comment from staff to consultants Task 4.1.9 - Draft Land Use Alternatives Report — results of alternatives analysis for GPAC review. Task 4.1.10 - GPAC Meetings #21 and #22 - review findings of the Draft Alternatives Report. GPAC to provide input for refinement of the alternatives and analysis. Task 4.1.11 - Public Review Draft Alternatives Report - revise the Alternatives Report, as necessary and publish the Public Review Draft Alternatives Report. Task 4.1.12 - Newsletter: Alternative Futures — summary of Public Review Draft Alternatives Report. Intended to educate community members and promote the Community Alternatives Workshop. Task 4.1.13 - Community Workshop to Receive Input on Land Use Alternatives The workshop will allow the community to provide input regarding the proposed alternatives and the results of the Alternatives Analysis Report. A summary report will be prepared including input gathered from the Community Workshop, the MindMixer Town Hall Forum and Your Voice. Task 4.1.14 - GPAC Meetings #23 and #24 - review the results of the Community Alternatives Workshop and build a consensus around a GPAC - preferred land use alternative for recommendation to the Planning Commission and City Council. Task 4.1.15 - Final Land Use Alternatives Report — Incorporate evaluation of the GPAC - preferred alternative and publish Final Land Use Alternatives Report for review by the community, Planning Commission, and City Council. Task 4.1.16 - City Council and Planning Commission Study Sessions: Land Use Alternatives - Present the Alternatives Report and the results and recommendations from the GPAC and Community Alternatives Workshop. City Council to identify a Preferred Land Use Alternative. Task 4.1.17- Revised Land Use and Circulation Diagrams - Prepare revised Land Use and Circulation Diagrams to reflect the Preferred Land Use Alternative. Phase 5: Prepare the Revised General Plan Tasks 5.1 through 5.11: - Preparing Original Draft General Plan Policy Document — completed in prior process Task 5.12 - Revised Draft General Plan — identify specific refinements to the Draft General Plan goals, policies, and programs to reflect the Preferred Land Use DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Alternative. Task 5.13 - GPAC Meetings #25 and #26 — review and refine the Revised Draft goals, policies, and programs. This review will be limited to the changes to the prior Draft General Plan 2040 and not a comprehensive document review. Task 5.14 - City Council and Planning Commission Study Sessions: Revised Draft General Plan - Present the revised draft goals, policies, and programs, as well as the results of the GPAC discussions. Task 5.15 - Final Public Review Draft General Plan - make appropriate revisions and prepare the final Revised Public Review Draft General Plan. Task 5.16 - Newsletter #5: Revised Draft General Plan - executive summary of the Public Review Draft General Plan. Phase 6: Preparation of the General Plan Environmental Impact Report The consultant will prepare the General Plan Program EIR to analyze the potential significant environmental impacts of the Draft 2040 General Plan. The Consultant will revise the current Administrative Draft EIR to reflect the revised land use and circulation diagrams and Revised Draft General Plan Policy Document. The EIR will meet all requirements of CEQA, State CEQA Guidelines, and relevant court decisions, and will help the City streamline future environmental review of development and public works projects consistent with the General Plan. Phase 7: Plan Adoption The Consultant will assist City staff in preparing for meetings with the Planning Commission and City Council to review the Draft General Plan, culminating in City Council adoption of the new General Plan. Revisions to Other_ Components of General Plan Contract The contract with General Plan consultants Mintier - Harnish also includes preparation of a comprehensive update to the Zoning Ordinance and updates to the Infrastructure Master Plans for the city's water, storm drainage, sanitary sewer and wastewater treatment and recycled water systems. The scope of work for the amendment to the Mintier Harnish contract includes revisions to these two components of the project, as described below. Phase 8: Zoning Code Update The Consultant will collaborate with staff to prepare a comprehensive update of the Zoning Code consistent with the New General Plan. This will include a complete review and updating of the organization, format and content of the Zoning Code to incorporate current land use and development standards and ensure consistency with all current federal, state and local laws. Work on the Zoning Code has progressed during the postponement of the General Plan project. Three topics in the Zoning Code have been extracted for expedited preparation based on specific timing requirements. Revisions to 4 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F the Wireless Telecommunications section are required to reflect changes to Federal law and Federal Communications Commission (FCC) Wireless Facility Rules Implementing Sec. 6409(A). Revisions to the Water Efficient Landscaping, and Low Impact Development provisions of the City Code are required to implement State Water Resources Control Board (SWRCB) Order No. 2013 - 0001 -DWQ, and the NPDES General Permit No. CAS000004. The budget for the amended contract includes costs for the additional work required. Phase 11: Infrastructure Master Plans Phase 9 — Housing Element and Phase were complete previously) 10 — Economic Development Strategic Plan The City of Gilroy Water, Sewer, and Storm Drainage master plans were last updated in May 2004. The master plan for the Wastewater Treatment Plant was last updated in a 2011 report for the South County Regional Wastewater Authority (SCRWA), which provides wastewater treatment to both Gilroy and Morgan Hill. This project includes updating the master plans to be consistent with the new General Plans for both cities and recent trends in water consumption, sewer flows and storm drainage regulations. 5 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F eral Plan Revised Schedule T" March 6,2017 F.h THE RE NEED EVENAL PLAN WENT SIR- PLAN (VOWLETED1 NASTERPLANS DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F 0 1< h16- D - REVISED GILROY GENERAL PLAN Budget Proposal________ March 8, 1 Remaining Contract Proposed Balance as of Proposed Budget Phase Description New Budget 2/01/2017 Amendment Phase 1: Project Initiation 0.00 0.00 0.00 Phase 2: Background Report 0.00 0.00 0.00 Phase 3: Vision and Guiding Principles 0.00 0.00 0.00 Phase 4.1: Land Use Alternatives 328,699.00 0.00 328,699.00 Phase 5: Prepare the Revised General Plan 36,500.00 0.00 36,500.00 Phase 5.1 UGB Amendments to 2020 General Plan 0.00 20,745.39 20,745.39 Phase 6: Environmental Review 187,970.00 0.00 187,970.00 Phase 7: Plan Adoption 37,760.00 25,141.71 12,618.29 PM Project Management 42,215.00 0.00 42,215.00 EXP Expenses` 47,855.00 42,193.05 5,661.95 Subtotal 680,999.00 46,589.37 634,409.63 Phase 8: Zoning Code Update 104,130.00 84,022.50 20,107.50 Phase 10: Economic Development Strategic Plan 0.00 0.00 0.00 Phase 11: Infrastructure Master Plans" 202,025.00 169,846.25 32,178.75 Subtotal 306,155.00 253,868.75 52,286.25 TOTAL 987,154.00 300,458.12 686,695.88 Contingency 13,203.00 13,203.00 0.00 GRAND TOTAL 1,000,357.00 313,661.12 686,695.88 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F FOURTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND MINTIER HARNISH WHEREAS, the City of Gilroy, a California municipal corporation ("CITY"), and Mintier Harnish ("CONSULTANT") entered into that certain Agreement for Services effective on July 13, 2013, hereinafter referred to as "Original Agreement"; and WHEREAS, CITY and CONSULTANT have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows 1. Article 1 ("Term of Agreement') of the Original Agreement shall be amended to read as follows: This Agreement will become effective on August 1, 2013 and will continue in effect through December 31, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement." 2. Exhibit "B" ("Scope of Services") of the Original Agreement, as amended by prior amendments, shall be removed and replaced with the attached Exhibit `B". 3. Exhibit "C" ("Milestone Schedule") of the Original Agreement, as amended by prior amendments, shall be removed and replaced with the attached Exhibit "C". 4. Exhibit "D" ("Payment Schedule") of the Original Agreement, as amended by prior amendments, shall be removed and replaced with the attached Exhibit "D". 5. Article 4. Compensation, A. Consideration shall be amended to read as follows: In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT, in addition to the amounts set forth under this Agreement, as amended by the First, Second, and Third Amendments, the amounts set forth in Exhibit "D" ("Payment Schedule"), provided pursuant to the Fourth Amendment to this Agreement. In no event shall the total compensation paid to CONSULTANT pursuant to the Fourth Amendment exceed 386,723.00." Total compensation paid to CONSULTANT under this Agreement as amended by the Fourth Amendment and prior amendments, shall in no event exceed $2,847,002.00." 6. This Amendment shall be effective on August 26, 2019. 7. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 8. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4843-3943-18460 CCHU104706083 ' 1' DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. I CITY OF GILROY Mil By: _ By: signature] Gabriel Gonzalez employee name] City Administrator title/department] Date: Date: Approved as to Form kV City Attdrney Jim signature] name] title] 4845-8215-5540v1 _ MDOLINGER104706083 _2 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F City of Gilroy GENERAL PLAN 3.0 REVISED WORK SCOPE May 13, 2019 Community Engagement Strategy Community Workshops This work scope includes two community workshops and one open house. The Consultant will take the lead for these events. One of the two workshops will include an added focus on environmental justice. The Consultant will design the workshops and open house to ensure effective and meaningful input for the General Plan 2040 process and to show the community their input is important and being used to guide the decision -making process. For each event the Consultant will prepare a Workshop Guide. The Guides will ensure that City staff is aware of the details of the events as the Consultant carries them out. Each Guide will detail the event purpose, desired outcomes, and timing; agenda, presentations, and exercises; meeting facilitator directions; materials checklist; responsibilities schedule checklist; and workshop summary steps. The Consultant, with staff support, will take the lead in preparing notifications and advertising workshops, and in arranging meeting locations The Consultant, with input from and coordination with City staff, will take the lead in carrying out each event. We will set up for the meetings, greet participants, conduct meeting presentations, facilitate discussions and workshop exercises, and document the workshop through photos. The Consultant will coordinate the topics and exercises from the workshop with the General Plan 2040 Your Voice Site. The Consultant will post presentations, materials, and exercises on the General Plan 2040 website. After the workshops the Consultant will summarize the workshop results, post them on the General Plan 2040 website, and email blast them to the project contact list along with thanks to those who participated. The workshop summary will include an overview of the workshops, presentation, and exercises; summary of input from participants, including graphs and charts illustrating pertinent input; key messages and commonalities among participant feedback; and photographs of the workshops in process. Translation Services The Consultant will provide two types of translation services for the community events: verbal translation and translation of written materials. The events will be held in English and.Spanish. Presentations, posters, handouts, and all other written material will be available in two languages, and translators will be present at each community event. The Consultant will work 1 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F closely with local organizations and individuals to reach out to non-English speaking communities and ensure they are engaged in the process. Gilroy 2040 Website The Consultant will continue to maintain content on the Gilroy 2040 General Plan website. The website is dated. The consultants will upgrade the website on a new, better -performing platform. The Consultant will coordinate with City staff to upload all meeting notices and agenda packets, workshop summaries, and reports. Eblasts The Consultant will, in coordination with City staff, send eblasts to the General Plan 2040 email contact list at key points in the process. The eblasts will inform the community about upcoming General Plan events, availability of reports, key meetings, and public hearings. Newsletters The Consultant will prepare newsletters at key points in the General Plan 2040 process. The newsletters will include a description of the General Plan project, the schedule, the most recent available information, upcoming meetings, and how the community can participate in the process. Your Voice On-line Forum The Consultant will use Your Voice to augment community workshop and other related outreach. Your Voice is a state-of-the-art, interactive, and online forum that allows users to weigh in on a variety of topics of interest as part of the General Plan process. The On-line Forum allows Gilroy residents to contribute to the conversation anytime from any computer. it will allow community members to easily respond to surveys and polls, share new ideas, and support ideas of fellow residents. The Your Voice On-line Forum site will be linked to the project website produced by the Consultant. The application is also multi-lingual and can be accessed in Spanish. General Plan Advisory Committee The Consultant, in cooperation with City staff will facilitate General Plan Advisory Committee GPAC) meetings. The GPAC, serving as a sounding board for City staff and the Consultant, will review and provide input on the Alternatives process and the Revised Draft General Plan 2040. The Consultant will prepare all information materials, PowerPoint presentations, and agenda for the GPAC meeting. City Council and Planning Commission The Consultant will facilitate study sessions and public hearings with the Planning Commission and City Council at key decision -making points in the process. 2 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Social Media Sites The Consultant will assist City staff with providing content for social media, including Facebook, Google+, Foursquare, and Twitter. Phase 4: Preferred Land Use Alternative During this phase the Consultant will work with staff, the GPAC, the Planning Commission, and the City Council to select a preferred land use alternative for the new UGB plan area. We will facilitate two community workshops, two GPAC meetings, and a Planning Commission study session to review the Alternatives Report and make a recommendation for a preferred land use alternative. We will also collect new traffic counts and update the existing traffic conditions data. The culmination of this phase will be selection by the City Council of a Preferred Land Use Alternative. Task 4.1 Newsletter: Alternative Futures The Consultant will update a newsletter that summarizes the Public Review Draft Alternatives Report. The newsletter will be used to educate community members on the alternatives process and generate public interest and attendance for the Community Alternatives Workshop. Task 4.2 Community Workshops: Recommending a Preferred Alternative The Consultant will facilitate two community workshops to gather feedback on the land use alternatives. The Consultant will present illustrations that depict the physical form and character of each of the alternatives, and discuss the environmental, social, and fiscal implications of each alternative. Interactive exercises will engage residents in ranking and selecting their preferred alternatives. One of the workshops will include additional information and exercises focused on environmental justice. The GPAC members will help facilitate group discussion. The exercises will be available for input through the Your Voice On-line Forum. The Consultant will also prepare bilingual meeting materials, provide meeting facilitators for the workshop, and prepare a bilingual meeting summary. The Consultant will produce a summary report of the input gathered from participants at both the Community Workshop and the Your Voice On-line Forum. Task 4.3 GPAC Meetings #30 and #31 The Consultant will facilitate two meetings with the GPAC to review the results of the Community Alternatives Workshops and build a consensus around a GPAC-preferred land use alternative for recommendation to the Planning Commission and City Council. While the preferred land use alternative may be one of the alternatives presented to the GPAC, it is likely that it will be a hybrid alternative of components from more than one alternative. 3 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 4.4 Final Land Use Alternatives Report Following selection of a GPAC-preferred land use alternative, the Consultant will prepare an evaluation of the GPAC-preferred alternative and publish it in the Final Land Use Alternatives Report for review by the community, Planning Commission, and City Council. Task 4.5 City Council and Planning Commission Study Sessions: Land Use Alternatives The Consultant will hold two study sessions, one with the Planning Commission and one with the City Council, to review the Alternatives Report and the results and recommendations from the GPAC and Community Alternatives Workshop. The Consultant will solicit input on their preferences for the city's future growth and development and seek a recommendation on a preferred alternative. As a cost and time savings option, the City Council and Planning Commission could meet in a single joint study session. Task 4.6 Prepare Revised Land Use and Circulation Diagrams Based on direction from the Planning Commission and City Council, the Consultant will work with City staff to prepare revised Land Use and Circulation Diagrams based on the Preferred Land Use Alternative. The Consultant will also prepare a description of the growth and development components that may require refinement of the Draft General Plan goals, policies, and implementation programs. The Consultant will update the existing traffic conditions with new traffic counts. Phase 5: Prepare the Revised General Plan During this phase the Consultant will revise the Draft General Plan as necessary to implement the Preferred Land Use alternative. The Consultant will also address environmental justice, vehicle miles traveled policy, and possible changes in LOS policy. Task 5.1 Environmental Justice Analysis Subtask 5.1.1 Identify Disadvantaged Communities The Consultant will identify disadvantaged communities in Gilroy as part of the Environmental Justice Analysis. The identification will include using CalEnviroScreen 3.0 in conjunction with the Gilroy Neighborhood Revitalization Strategy Area (NRSA) and MTC Communities of Concern (2018) to refine findings. The Consultants will prepare a description and summary of the methodology used to identify DACs. Note: Disadvantaged communities, as defined by SB 1000, are different from disadvantaged unincorporated communities identified for SB 244 compliance. Subtask 5.1.2 Prepare Background Report Revisions The Consultant will prepare a supplemental section of the Healthy Communities Chapter of Background Report to address environmental justice. This section will include an overview of SB 1000, identification of DACs and description of the methodology used to identify DACs, and a description of the environmental and health impacts in the DACs according to CalEnvrioScreen 3.0. Subtask 5.1.3 Policy Formulation 4 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F The Consultant will prepare specific Environmental Justice goals, policies, and implementation programs to address the issues in the identified disadvantaged communities including, but not limited to: the reduction of pollution exposure, including the improvement of air quality; the promotion of public amenities, food access, healthier homes, and physical activity; and community engagement in the decision -making process. Subtask 5.1.4 Disadvantaged Community Engagement The Consultant will assist City staff to facilitate engagement with residents of a disadvantaged community to get feedback on the Draft Environmental Justice goals, policies, and programs. We will work with City staff to organize and facilitate one community workshop to present the Environmental Justice goals, policies, and programs; discuss the City's overall planning efforts; and identify ways residents can more effectively participate in the planning process. The Consultant and City staff will work with community groups as necessary to coordinate the workshops and provide translation services. We will provide written and verbal translation services for the workshop. We will summarize the workshop results and refine the Environmental Justice goals, policies, and programs as necessary. Task 5.2 VMT Methodology/Policy Assistance The Consultant will provide assistance to the City to explore alternatives for addressing VMT in the General Plan and the General Plan EIR as well as for development projects moving forward after adoption of the General Plan. We will attend meetings with VTA staff to explore options for how VTA plans to implement VMT analysis into traffic studies and EIRs. We will research what other agencies may be doing to address VMT requirements and will provide that information to the City along with our assessment of the likely implications for the City of Gilroy. The goal of this effort will be to provided information and support to the City such that the City can make a decision as to the methodology and standards that it will implement to address VMT requirements moving forward. If the City ultimately decides to develop an analysis tool for VMT requirements, then additional time and budget would be required for that work. Task 5.3 LOS Policy Changes The Consultant will evaluate the impacts to the intersections within the General Plan roadway network resulting from changing the Citywide LOS to D. Currently most of the City has a LOS C standard with only the areas east of US 101 having a LOS D standard. We will use the current model runs, already completed for the General Plan Alternatives Analysis, which use the base General Plan transportation network that was developed in December 2017. We will calculate intersection levels of service for all study intersections based on those model runs. Mitigation measures and intersection configurations will be developed for each intersection for the current LOS C/D standard as well as for a potential citywide LOS D standard. We will summarize the results of the analysis in a technical letter report for use by City staff. The report will illustrate the impacts to the intersection sizes that would result from changing the LOS policy. We will summarize average intersection delays with each scenario for comparison. Note that this analysis will not evaluate major roadway network changes such as removing roadway connections from the network or reducing the number of lanes in existing or future corridors. That would require more model coding and model runs. The scope and budget above do not include conducting additional model runs to determine traffic pattern changes that could result from capacity 5 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F restriction that may result from changes to LOS D citywide. Task 5.4 Revised Draft General Plan The Consultant will prepare a Revised Draft General Plan. The Consultant will work with City staff to translate the preferred alternative into specific refinements to the Draft General Plan goals, policies, and programs. The Consultant will include policies and programs to address any changes in State General Plan requirements, including Climate Change Adaptation and Environmental Justice. The Consultant will prepare a track changes version of the Revised Draft General Plan for review by City staff. Following City staff review, the Consultant will prepare a track changes Revised Draft General Plan for GPAC review. Task 5.5 GPAC Meetings ##32 and #33 The Consultant will facilitate two meetings with the GPAC to review, discuss, and refine the Revised Draft goals, policies, and programs. This review will be limited to the changes to the prior Draft General Plan 2040 and not a comprehensive document review. Task 5.6 City Council and Planning Commission Study Sessions: Revised Draft General Plan The Consultant will hold two study sessions, one with the Planning Commission and one with the City Council, to review the draft goals, policies, and programs, as well as the results of the GPAC discussions. As a cost and time savings option, the Council and Commission could meet in a single joint study session. Task 5.7 Public Review Draft General Plan Following direction from the Planning Commission and City Council, the Consultant will make appropriate revisions and prepare the Revised Public Review Draft General Plan. Task 5.8 Newsletter #5: Revised Draft General Plan 2040 The Consultant will prepare a newsletter summarizing the Public Review Draft General Plan 2040. The newsletter will serve as an executive summary to the Draft General Plan 2040. It will include an overview of the structure and organization of the Draft General Plan 2040, a summary of the goals and policies of the Plan, the vision for the future of the city, and the land use and circulation diagrams and other applicable graphics. Phase 6: Environmental Review During this phase the Consultant will prepare the General Plan Program EIR (EIR) to analyze the potential significant environmental impacts of the Draft General Plan. The Consultant will revise the current Administrative Draft EIR to reflect the revised land use and circulation diagrams and Revised Draft General Plan. The EIR will meet all requirements of CEQA, State CEQA Guidelines, and relevant court decisions, and will help the City streamline future environmental review of development and public works projects consistent with the General Plan. This scope of work covers preparation of an EIR that thoroughly addresses all CEQA-mandated environmental topics and identifies the cumulative, growth -inducing, significant unavoidable, and I DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F irreversible significant effects that must be considered for General Plan adoption as well as subsequent, General Plan -consistent, development proposals. The Consultant will prepare the General Plan EIR as a Program EIR, consistent with State CEQA Guidelines Section 15168. The goal of this approach is to establish the opportunity for the City to use the Program EIR for environmental review of future, General Plan -consistent actions and projects, in accordance with State CEQA Guidelines Section 15168(c) and (d). When a project is consistent with the General Plan and all of its significant impacts have been addressed in the General Plan Program EIR, the project may be determined to be "within the scope" of the Program EIR, and no additional environmental document would be required. In other cases, the General Plan Program EIR may be used to limit the topics that must be addressed in a later environmental document on a project consistent with the General Plan. Task 6.1 Revised Notice of Preparation The Consultant will work with City staff to develop a revised project description and prepare a revised draft Notice of Preparation (NOP) pursuant to CEQA Guidelines. The Consultant will submit the revised draft NOP to City staff for review. The Consultant will then incorporate City comments into the final NOP. It is assumed that City staff will distribute (mail) the NOP. Task 6.2 Scoping Meeting The Consultant will facilitate a public/agency scoping meeting to receive comments on the NOP and will prepare a summary of comments made at the meeting. Task 6.3 Revised Administrative Draft Program EIR Based on the revised Project Description and public/agency comments on the NOP, the Consultant will prepare a revised Administrative Draft Program EIR (ADEIR). The ADEIR will meet all CEQA requirements, with easy -to -read text, maps, and tables in a user-friendly format. Task 6.4 Draft Program EIR Following receipt of comments from City staff on the ADEIR, the Consultant will incorporate revisions and prepare a Screencheck Draft EIR for final City review. The Consultant will then prepare the Public Review Draft EIR (DEIR) for public circulation, along with the associated public Notice of Completion/Availability. It is assumed that the City will distribute the DEIR to the State Clearinghouse, responsible agencies, and interested agencies, organizations, and persons. As required by CEQA, the DEIR will require at least a 45-day public review period. Task 6.5 Responses to Public Comments on the Draft Program EIR/Final Program EIR/Mitigation Monitoring and Reporting Program/Notice of Determination In collaboration with the City, the Consultant will respond to oral and written comments received during public review of the DEIR and include the responses in the Final EIR. The Final EIR will also include: (1) any necessary changes to the DEIR based on those responses, (2) the list of commenters, and (3) a summary of their comments. Also, the Consultant will prepare a Mitigation Monitoring and Reporting 7 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Program (MMRP) in accordance with §21081.6 of CEQA; the MMRP will identify each mitigation measure from the DEIR, mitigation responsibility, timing, and reporting procedures, to help monitor mitigation progress pnd success. A Notice of Determination will be prepared for posting at the County Clerk after the New General Plan is adopted. Task 6.6 Findings of Fact and Statement of Overriding Considerations The Consultant will prepare the Findings of Fact in collaboration with the City Attorney. If the Final EIR identifies significant unavoidable environmental impacts, the Findings can be applied directly to the CEQA-required Statement of Overriding Considerations, which the Consultant will prepare in consultation with City staff and the City Attorney. Task 6.7 Revised Draft Gilroy Initial Study Checklist and Revised Draft Thresholds of Significance At no extra cost to the City, the Consultant will suggest revisions to both the City of Gilroy Initial Study Checklist and Thresholds of Significance and provide drafts for review and consideration by City staff. Suggested revisions will reflect applicable changes in General Plan policies and the analysis in the General Plan EIR. Phase 7: Plan Adoption During this phase the Consultant will assist City staff in preparing for meetings with the Planning Commission and. City Council to review the Draft General Plan, culminating in City Council adoption of the General Plan. The Consultant recommends that the Planning Commission conduct one public hearing to review the Draft General Plan and Draft Program EIR. After the hearing, the Planning Commission will make a recommendation to the City Council regarding the Draft General Plan and Draft EIR. The Consultant recommends the City Council then conduct one hearing to review the Draft General Plan and Draft EIR. After the hearing, it is expected that the City Council will .direct City staff to incorporate their recommendations and prepare the Final General Plan documents and Final EIR, which will be adopted and certified, respectively, at a subsequent hearing. Task 7.1 Community Open House: Celebrating the New General Plan Upon publication of the Draft General Plan, the Consultant will facilitate a citywide celebratory open house to present the New General Plan to residents. The open house will be set up in a format where residents can visit stations or "booths" focused on each element of the Plan. City staff and the Consultant will be stationed at each booth to discuss the elements, answer questions, and gather feedback. The Consultant will promote the upcoming hearings for the New General Plan. Task 7.2 Planning Commission Public Hearing The Consultant will attend a public hearing with the Planning Commission to review the Draft General Plan and Draft Environmental Impact Report (DEIR). The Planning Commission will consider the comments made during the public hearing, and after the hearing will make recommendations to the City Council regarding the Draft General Plan and PEIR. 0 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 7.3 City Council Public Hearing The Consultant will attend a public hearing with the City Council to review the Draft General Plan and DEIR. At the hearing the City Council will consider the Planning Commission's recommendations and the comments made at the public hearing. After the hearing the City Council will direct the Consultant to incorporate their recommendations and prepare the Final General Plan. Task 7.4 Final General Plan Documents Following public review of the Draft General Plan and the DEIR, the Consultant will prepare the Final General Plan documents for adoption. Task 7.5 City Adoption Hearing The Consultant will attend one hearing with the City Council for adoption of the Final General Plan and certification of the FDEIR. Phase 8: Zoning Code Update The Consultant will prepare an updated Zoning Code consistent with the New General Plan. The extent of work required to prepare the Zoning Code will depend on the level of change proposed in the New General Plan. The process for preparing the Zoning Code could include the examination and elimination of zoning districts and development standards that are no longer relevant or functional. It could require new development standards, land use descriptions, and zoning districts consistent with the New General Plan. The Consultant will prepare a Zoning Code that is far more user-friendly and context -sensitive by rethinking the existing format and content, including the use of diagrams and graphics to illustrate concepts such as building envelopes, setbacks, parking location and design, and the relationships of buildings, streets, sidewalks, and landscape features. The following tasks provide a general idea of the steps necessary to prepare a new Zoning Code. This scope of work will be refined once staff determines the precise needs of the update. Form -based code tasks are not included. Task 8.1-8.2 COMPLETED Task 8.3 Sign Regulations The Consultant will prepare Administrative Draft Sign Regulations. The Consultant will prepare contemporary development standards pertaining to sign placement, construction, content neutrality and commercial messaging, innovative sign types, permitting requirements, and electronic billboard standards. Following City staff review of the Administrative Draft, the Consultant will prepare revised and screencheck drafts for City staff review. E DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Task 8.4 Zoning Code Restart Meeting The Consultant and City staff will conduct a Zoning Code restart meeting. This meeting will provide an opportunity to discuss conceptual development standards, City priorities that have shifted since the start of the project, consistency with the approved General Plan Land Use Alternatives designations, reaffirm roles and responsibilities, and confirm the project schedule. Task 8.5 Objective Design Standards The Consultant will prepare objective design standards for streamlining multi -family residential project review. We will base the objective standards on project conditions of approval typically imposed by the City when approving residential projects. The Consultant will prepare Administrative Draft Objective Design Standards for City staff review, and a Public Review Draft for Planning Commission and City Council approval. The intent is to incorporate the Objective Design Standards into Article 4 of the updated Zoning Code. Task 8.6 Administrative Draft Zoning Code The Consultant will prepare an Administrative Draft of the Zoning Code. The Consultant recommends preparing and delivering the draft revisions in segments, rather than as a single deliverable. Our experience indicates that it is easier for City staff to give timely feedback on the revisions when reviewed in segments. The Zoning Code will address the following topics: Zoning Districts and Related Standards. The Consultant will prepare the regulations applicable in specific zoning districts that address the following topics: A land use classification system to identify use types that may be allowed in each zone organized into user-friendly tables. This classification system will consolidate and refine the City's current use categories and descriptions by using clear, up-to-date terms to define each allowable and appropriate combination of specific and generic land use types and provide a clear definition of each land use type. An expanded description and purpose statement for each zone, the uses allowed within it, and the type of ministerial or discretionary zoning permit required for each use. The Consultant will review each zoning district with City staff to ensure that specific allowable uses are appropriate in each zone and consistent with the purpose statement specified in the New General Plan. New or modified (e.g., consolidated) zoning districts with appropriate uses and standards will be added as needed to implement any new or modified land use designations in the New General Plan. Zone -driven standards for each zone (e.g., building envelope, setbacks, height, lot coverage), will be reviewed, modified as determined to be needed, and organized into user-friendly tables, if appropriate. 10 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F General Zoning Standards. The Consultant will prepare the general zoning standards and regulations that apply in multiple zones and overlay or combining zones. The Consultant will address the following topics: General site planning and zoning standards, including site access requirements; fences, hedges, walls, and screening; noise regulations; outdoor lighting standards; performance standards (e.g., air quality, glare, vibration); and other topics determined to be appropriate by City staff. Affordable housing requirements, housing density bonus provisions, and related incentives, consistent with State law. Landscaping standards, including specific requirements for preliminary and final landscape plan submittal and review, as well as AB 1881-related regulations and procedures (i.e., water -efficient landscaping). off-street parking and loading standards organized into user-friendly tables, including parking and loading area design, landscaping requirements, pedestrian circulation requirements, and bicycle and motorcycle parking. Specific Use Standards. The Consultant will prepare the regulations that address standards for specific land uses, that may include, but are not limited to, alcoholic beverage sales, backyard chickens, child daycare facilities, home occupations, mobile homes and manufactured housing, recycling areas, second dwelling units, senior apartments and senior independent living centers, self-service and partial -service gasoline/refueling stations, wireless and telecommunications facilities, yard/garage sales, and other uses as directed by City staff. Administrative Provisions. The Consultant will prepare and submit an administrative draft of the administration and development application filing and processing procedures. The Consultant will address the following topics: Purpose and applicability of the New Zoning Code, administrative responsibility and authority, interpretation procedures, zoning permit fees, and provisions addressing pipe -line applications. Definition of the roles of each project review authority, including the Director of Planning and Environmental Services, Planning Commission, and City Council, and any other necessary project review or decision -making bodies. Procedures for discretionary permits (both administrative and Planning Commission level), Home Occupations Permits, Reasonable Accommodations, Temporary Use Permits, Variances (both minor and major), and other desired project review procedures (e.g., Site Plan and Architectural Review), appeals, and public hearings. Proposed procedures will emphasize efficiency, simplicity, and streamlined processing, while ensuring thorough and effective project review to achieve City objectives and comply with all applicable Federal and State laws. Enforcement provisions, including legal remedies, permit revocations and modifications, procedural requirements, cost recovery related to enforcement actions, and the identification of the property owner/violator rights and procedures for appeal. Definitions of technical terms and phrases used in the Zoning Code, including abbreviations. An initial set of definitions will be included with the first submittal and will be supplemented in subsequent drafts. 11 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Zoning Map. After adoption of the New Zoning Code, the Consultant will prepare an administrative draft Zoning Map. The Zoning Map will reflect any necessary modifications based on the New General Plan Land Use Diagram and/or any change in zoning district titles or designations. COMPLETED Task 83: Preliminary Draft Zoning Code Based on comments and direction received during earlier tasks, the Consultant will revise the administrative draft segments that have been reviewed by City staff and prepare the remaining parts of the preliminary draft Zoning Code, including a detailed table of contents and appropriate graphics. The Consultant will submit the preliminary draft Zoning Code to City staff for review and comment. The Consultant will meet or have a conference call with City staff to discuss any comments. Task 8.8: Public Review Draft Zoning Code Based on comments received from City staff, the Consultant will prepare a public review draft of the Zoning Code. The Consultant will submit the draft revisions to the City for distribution to and review by the general public, Planning Commission, and City Council. The Consultant will also make available the draft Zoning Code on the New General Plan website. 12 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Phase 11: Infrastructure Master Plans (IMP) The City of Gilroy Water, Sewer, and Storm Drainage master plans were last updated in May 2004. This project includes updating the master plans to address the impact of the new General Plan update and recent trends in water consumption and sewer flows and storm drainage regulations. Wastewater flow projections at the Wastewater Treatment Plant, including flows from both Gilroy and Morgan Hill, were last updated and documented in a 2011 report for the South County Regional Wastewater Authority (SCRWA). The flows in that report were based on 2010 planning conditions and do not reflect the new general plan updates for both cities. The new report will update the previous planning conditions and include a section on the recycled water distribution system and users, as documented in a 2013 report prepared for the Santa Clara Valley Water District (SCVWD). The report identified the existing and imminent future users and proposed short-term improvements. The master plans were initiated in October 2013. In March 2016, Akel Engineering Group was directed to stop work on the master plans due to a pending initiative that was included in the November 2016 ballot. In November 2016 Gilroy voters approved the ballot initiative that limited the potential for growth outside of the defined urban growth boundary (UGB). As a result, the Draft 2040 General Plan requires changes to maintain consistency with the ballot initiative. This work scope supersedes the previous approved work scope and includes the tasks needed to revise and complete the master plans based on the voter -approved UGB ballot initiative. The data on which the infrastructure master plans is based is now six years old. The Consultant will restart the data evaluation and validation process, including updating the work previously submitted, and bring that work to current. Since the South County Recycled Water Master Plan covers the Recycled Water system, and that task has been removed. Other than removing that task, the work scope remains unchanged. The work scope includes preparation of the following documents: Water System Master Plan Sewer System Master Plan Storm Drainage System Master Plan Wastewater Treatment Plant and Recycled Water Task 11.1 Infrastructure Master Plans: Water System Subtask 11.1.1: Update Water System Design and Planning Criteria. Subtask 11.1.2: Update Demand Analysis based on Land Use and Population. The Consultant will perform a demand analysis to reflect the land use and population projections from the new General Plan. The demand analysis will summarize historical demands, and accounts for the Water Conservation Act of 2009 targets as documented in the Urban Water Management Plan SBx 7-7). Subtask 11.1.3: Update System Wide Storage Analysis. The Consultant will perform a system wide storage analysis, by pressure zone, accounting for the updated growth documented in the new General Plan. 13 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Subtask 11.1.4: Update Hydraulic Model and Calibrate to SCADA at Wells, Storage Tanks, and Booster Stations. Subtask 11.1.5: Evaluate Existing Distribution System and Propose Improvements. Subtask 11.1.6: Propose Improvements for Future Growth. The Consultant will use the hydraulic model for extending the distribution system infrastructure to service future growth. The Consultant will identify needed improvements to service growth and document in tables and exhibits. Subtask 11.1.7: Develop Phased Capital Improvement Program, with Cost Allocations Analysis. The Consultant will prepare a Capital Improvement Program (CIP) based on the findings of the previous tasks. The Consultant will prioritize proposed improvements based on the hydraulic capacity deficiency. The Consultant understands that determining the structural condition is not a part of this scope; however, should that information be available, this subtask will consider that information in designating the construction priorities and urgency for replacement. The Consultant will identify CIP projects as improvement projects to mitigate existing deficiencies existing customer) or capacity expansion projects to accommodate growth (future customers). Where a proposed improvement accommodates both existing and future customers, the Consultant will provide a percent of benefit to existing versus future customers. The Consultant will use this percent benefit for cost sharing purposes. Subtask 11.1.8: Prepare Master Plan Report. The Consultant will prepare a draft master plan report that documents the development of the hydraulic model, the design and performance criteria, the demand projections, the identified deficiencies, the proposed improvements, the capital improvement programs, and cost -sharing suggestions. The master plan will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in electronic PDF format for City staff review. Following the review period, the Consultant will incorporate the changes in the final document. Subtask 11.1.9: Project Management and Meetings. This task emphasizes continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face-to-face meetings and/or conference calls as needed by City staff, depending on progress. Key meetings include the kickoff meeting and data collection, performance criteria and demand allocation methodology, capacity analysis results, capital improvements and cost sharing, and master plan report presentation to City Council. Subtask 11.1.10: Water System Operational Enhancements — Time of Use. The Consultant will evaluate enhanced operational strategies to take advantage of lower energy costs based on Time of Use schedules. The Consultant will identify Specific Time of Use scenarios and use the hydraulic model to determine the impact on storage and pump size requirements. Based on discussions with City staff, the level of effort for this task was set at three days for identifying preliminary findings. City staff will then decide if Time of Use should be pursued further. 14 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits to be submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report. Review Package: Future System Expansion Review Package: Capital Improvement Program and Exhibits Deliverable: Draft Master Plan Report in Electronic PDF format Deliverable: Final Master Plan Report in Electronic PDF format and 5 hard copies Deliverable: Final Microsoft Excel file containing the CIP. CiP can be updated by updating unit costs. Deliverable: GIS shape files and Hydraulic Model electronic files Task 11.2 Infrastructure Master Plans: Sewer System Subtask 11.2.1: Update Sewer System Design and Planning Criteria. COMPLETED Subtask 11.2.2: Update Flow Projections based on Land Use and Population. The Consultant will perform a sewer flow analysis to reflect the land use and population projections from the new General Plan. The sewer flow analysis accounts for recent trends in water conservation. Subtask 11.2.3: Sewer Flow Monitoring (2 weeks for wet weather at 10 sites). COMPLETED Subtask 11.2.4: Update Hydraulic Model and Calibrate. COMPLETED Subtask 11.2.5: Evaluate Existing Sewer Collection System and Propose Improvements. COMPLETED Subtask 11.2.6: Propose Improvement for Future Growth. The Consultant will use the hydraulic model for extending the sewer collection system infrastructure to service future growth. The Consultant will identify needed improvements to service growth and document in tables and exhibits. Subtask 11.2.7: Develop Phased Capital Improvement Program, with Cost Allocations Analysis. The Consultant will prepare a Capital Improvement Program (CIP)based on the findings of the previous subtasks. The Consultant will prioritize the proposed improvements based on the hydraulic capacity deficiency. The Consultant understands that determining the structural condition is not a part of this subtask, however, should that information be available, the Consultant will consider that information in determining the construction priorities and urgency for replacement. The Consultant will identify the CIP projects as. improvement projects to mitigate existing deficiencies (existing customer) or capacity expansion projects to accommodate growth (future customers). Where a proposed improvement accommodates both existing and future customers, the Consultant will provide a percent of benefit to existing versus future customers and use this percent benefit for cost sharing purposes. Subtask 11.2.8: Prepare Master Plan Report. Consultant will prepare a draft master plan report that documents the development of the hydraulic model, the design and performance criteria, the sewer flow projections, the identified deficiencies, the proposed improvements, the capital 15 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F improvement programs, and cost -sharing suggestions. The master plan will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in electronic PDF format for City staff review. Following the review period, Consultant will incorporate the changes in the final document. Subtask 11.2.9: Project Management and Meetings. The Consultant will emphasize continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face-to-face meetings and/or conference calls as needed by City staff, and depending on progress. Key meetings include the kickoff meeting and data collection, performance criteria and sewer flow calculation methodology, capacity analysis results, capital improvements and cost sharing, and master plan report presentation to City Council. Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits, submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report. Review Package: Future System Expansion Review Package: Capital Improvement Program and Exhibits Deliverable: Draft Master Plan Report in Electronic PDF format Deliverable: Final Master Plan Report in Electronic PDF format and 5 hard copies Deliverable: Final Microsoft Excel file containing the CIP. CIP can be updated by updating unit costs. Deliverable: GIS shape files and Hydraulic Model electronic files Task 11.3 Infrastructure Master Plans —Storm Drainage Subtask 11.3.1: Update Hydrology and Hydraulic Criteria. COMPLETED Subtask 11.3.2: Update Land Use. The Consultant will update the existing and proposed future land use information and process the data for use in the hydrology model. Subtask 11.3.3: Update Hydrology and Hydraulic Models. COMPLETED Subtask 11.3.4: Evaluate Existing Storm Drainage System and Propose Improvements. COMPLETED Subtask 11.3.5: Propose Improvements for Future Growth. The Consultant will use the hydraulic models for extending the storm drainage system infrastructure to service future growth. The Consultant will identify needed improvements to service growth and document in tables and exhibits. Subtask 11.3.6: Develop Phased Capital Improvement Program, with Cost Allocations Analysis. The Consultant will prepare a Capital Improvement Program (CIP) based on the findings of the previous subtasks. The proposed improvements will be prioritized based on the hydraulic capacity deficiency. The Consultant understands that determining the structural condition is not 16 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F a part of this subtask, however, should that information be available, the Consultant will consider that information in determining the construction priorities and urgency for replacement. The Consultant will identify the CIP projects as improvement projects to mitigate existing deficiencies (existing customer) or capacity expansion projects to accommodate growth future customers). Where a proposed improvement accommodates both existing and future customers, the Consultant will provide a percent of benefit to existing versus future customers and use this percent benefit for cost -sharing purposes. Subtask 11.3.7: Prepare Master Plan Report. The Consultant will prepare a draft master plan report that documents the development of the hydraulic model, the design and performance criteria, the sewer flow projections, the identified deficiencies, the proposed improvements, the capital improvement programs, and cost -sharing suggestions. The master plan will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in electronic PDF format for City staff review. Following the review period, Consultant will incorporate the changes in the final document. Subtask 11.3.8: Project Management and Meetings. The Consultant will emphasize continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face-to-face meetings and/or conference calls as needed by City staff and depending on progress. Key meetings include the kickoff meeting and data collection, hydrology and hydraulic criteria, capacity analysis results, capital improvements and cost sharing, and master plan report presentation to City Council. Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits, submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report. Review Package: Future System Expansion Review Package: Capital Improvement Program and Exhibits Deliverable: Draft Master Plan Report in Electronic PDF format Deliverable: Final Master Plan Report in Electronic PDF format and 5 hard copies Deliverable: Final Microsoft Excel file containing the CIP. CIP can be updated by updating unit costs. Deliverable: GIS shape files and Hydraulic Model electronic files Task 11A Infrastructure Master Plans —Wastewater Treatment Plant and Recycled Water Subtask 11.4.1: Update Wastewater Flow Projections by Land Use. The Consultant will update the existing and future land use inventories, the wastewater flow coefficients, and the wastewater flow projections for the cities of Gilroy and Morgan Hill and which are tributary to the Wastewater Treatment Plant. These flows are currently documented in a 2011 SCRWA report, and the Consultant will update them for consistencies with the Gilroy and Morgan Hill new General Plans. 17 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Subtask 11.4.2: Update Wastewater Flow Projections by Population and by Permits. For comparison purposes, the 2011 SCRWA report included flow projections by population and by permits. The Consultant will update these projections for consistency with the new Gilroy and Morgan Hill General Plans. Subtask 11.4.3: Update Wastewater Treatment Plant Triggers. The Consultant will update the triggers for upgrading various components of the Wastewater Treatment Plant. Subtask 11.4.5: Prepare Report. The Consultant will prepare a draft report that documents the wastewater flow projections using the land use, population, and permits methods. The Consultant will identify the Wastewater Treatment Plant required upgrades, previously identified in a 2011 SCRWA report. The report will also include associated maps and exhibits. The Consultant will submit the draft copy of the report in electronic PDF format for City staff review. Following the review period, Consultant will incorporate the changes in the final document. Subtask 11.4.6: Project Management and Meetings. The Consultant will emphasize continuous communication between the project team members throughout the duration of the project. The Consultant will schedule necessary face-to-face meetings and/or conference calls as needed by City staff and depending on progress. Key meetings include the kickoff meeting and meeting presenting the updates the 2011 SCRWA report. The Consultant will present the final report to City Council. Review Packages and Deliverables The deliverables include packages consisting of tables and exhibits, submitted to City staff for their review and approval at key milestones. These packages will be incorporated in the master plan report. Review Package: Future System Expansion Review Package: Capital Improvement Program and Exhibits Deliverable: Draft Master Plan Report in Electronic PDF format Deliverable: Final Master Plan Report in Electronic PDF format and 5 hard copies Deliverable: Final Microsoft Excel file containing the CIP. CIP can be updated by updating unit costs. Deliverable: GIS shape files and Hydraulic Model electronic files 18 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Project Management The Consultant will support the project through a range of project management tasks. The Consultant will facilitate regular communication with City staff through regular coordination conference calls and, when necessary, meetings. For these calls and meetings, the Consultant will prepare call or meeting agendas and provide a list of follow-up action items. The Consultant will keep the City informed about the status of the project with monthly status reports and budget summaries. 19 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Exhibit C Gilroy General Plan Update Milestone Schedule June 17, 2019 1. Identification of Preferred Land Use Alternative — November, 2019 2. Revised General Plan Policy Document — February, 2020 3. Preparation of Environmental Impact Report (EIR) — April, 2020 4. EIR Public Circulation — July — September, 2020 5. Plan adoption Fall 2020 —October— December, 2020 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F EXHIBIT "D" PAYMENT SCHEDULE The following are additional costs for services to be performed by CONSULTANT, pursuant to the "City of Gilroy, General Plan/Zoning Code Update, Work Scope/Budget Amendment Request Overview, revised June 3, 2019": Community Workshops - $0.00 Traffic Conditions Update - $18,000.00 Vehicle Miles Traveled (VMT) Analysis - $12,460.00 Level of Service (LOS) Policy Analysis - $17,580.00 Plans for Addressing Any Disproportionate Environmental Impacts - $21,180.00 Sign Regulations Update - $23,040.00 Prepare Objective Design Standards for Multi -Family Residential Development - $20,480.00 Zoning Code Update - $49,580.00 Infrastructure Master Plan Evaluation Update - $132,397.00 Project Management Costs - $36,800.00 Outstanding Invoices - $55,206.00 TOTAL: $386,723.00 4834-5050-20540 CCHU104706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F -1- 4845-8215-5540v1 MDOLINGER\04706083 FIFTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY AND MINTIER HARNISH WHEREAS, the City of Gilroy, a municipal corporation (“CITY”), and Mintier Harnish (“CONSULTANT”) entered into that certain Agreement for Services effective on July 13, 2013, hereinafter referred to as “Original Agreement”; and WHEREAS, CITY and CONSULTANT have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, : in consideration of the mutual covenants and agreements set forth below and for other valuable considerations, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Article 1, (“Term of Agreement”) of the Original Agreement, as amended, shall be further amended to read as follows: “This agreement will become effective on August 1, 2013 and will continue in effect through December 31, 2022, unless terminated in accordance with the provisions of Article 7 of this agreement.” 2. Exhibit “B” (“Scope of Services”) of the Original Agreement, as amended by prior amendments, shall be augmented with the attached Exhibit “B”, SB 2 Scope of Work. 3. Exhibit “C” (“Milestone Schedule:) of the Original Agreement, as amended by prior amendments, shall be augmented with the attached Exhibit “C”, Schedule for SB 2 Scope of Work. 4. Exhibit “D” (“Payment Schedule”) of the Original Agreement, as amended by prior amendments, shall be augmented with the attached Exhibit “D”, Payment Schedule for SB 2 Scope of Work. 5. Article 4. (“Compensation”), Section A (“Consideration”) shall be revised as follows: “In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT, in addition to the amounts set forth under this Agreement, as amended by the First, Second, Third, and Fourth Amendments, the amounts set forth in Exhibit “D” (“Payment Schedule for SB 2 Scope of Work”). In no event shall the total compensation for this fifth amendment paid to consultant exceed $160,000.00, and the total compensation paid to consultant under the original agreement, as amended by this fourth amendment and prior amendments, shall in no event exceed $3,007,002.00. 6. This Amendment shall be effective on July 1, 2020. 7. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement a nd this Amendment, the terms of this Amendment shall control. 8. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. DocuSign Envelope ID: 09FC8052-D5BD-42F8-8590-25B86F881EDDDocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F -2- 4845-8215-5540v1 MDOLINGER\04706083 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY MINTIER HARNISH By: By: [signature] [signature] Jimmy Forbis Jim Harnish [employee name] [name] Interim City Administrator Principal [title/department] [title] Date: Date: Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 09FC8052-D5BD-42F8-8590-25B86F881EDD 9/3/20209/8/2020 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F First AMENDMENT TO Agreement For Services between the City and Mintier Harnish for Preparation of the New General Plan WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Mintier Harnish entered into that certain agreement entitled "Agreement For Services between the City and Mintier Harnish", effective on July 18th, 2013, hereinafter referred to as "Original Agreement "; and WHEREAS, City and Mintier Harnish have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT, A. Specific Services, of the Original Agreement shall be amended to read as follows: A. Specific Services CONSULTANT agrees to: Perform the services outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" (Scope of Services "), within the time periods described in Exhibit "C" (Milestone Schedule), as updated on June 4, 2015. 2. ARTICLE 4. COMPENSATION, A. Consideration of the Original Agreement shall be amended to read as follows: A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "), as amended by Exhibit "D1", Addendum to Exhibit "D" attached. In no event however shall the total compensation paid to CONSULTANT exceed $1,734,125.00. 3. This Amendment shall be effective on 13 Z0(57 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. 4845- 8215 -55400 MDOLINGER104706083 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F CITY Y By: sigWurel N. Thomas J. Haglund employee name] City Administrator pitleldepartment] Date: 2 1 S Approved as to Form City Attorney 48458215 -55400 _ 2_ MDOLINGER104706083 1XIM111 IS Date: Principal title] V ` 20 Lff DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F 1 aF 2 Exhibit C - Gilroy General Plan Milestone Schedule (Updated June 4, 2015) Phase 4: Land Use Alternatives 5: Prepare the General Planhase 5.1: Evaluate Existing General Plan and Develop Poricy Issue List Task 5. 2: TAC Meeting #6 a TAC Packet Deadline Task 5. 3: GPAC Meeting #10 GPAC Packet Deadline Task 5. 4., City Council and Planning Commission Study Sessions T ask 5.5: General Plan Structure and Contents Task 5.6: Administrative Draft General Plan Task 5. 7: TAC Meeting #7 TAC Review Period Staff consolidation of TAC comments Prepare Preliminary Public Review Draft General Plan GPAC Packet Deadlines Task 5.9: City Council • Planing Commission Study Sessions Task • • Review . Task 5.11: Newsletter #5: Draft General Plan Phase 6: Environmental Review Task 6. 1: Initial Study/Notice of ?reparartion iTask 6. 2: Scoping Meeting Task 6.3: Administrative Draft EIR Staff review Screencheck Draft 45-Day Review Period Task 6.5: Responses to Public Comments Task 6. 6: Findings Task 6, 7: Revised . I_ lllllllllllllll_------ Phase 7: Plan Adoption Task 7.1: Commumty*PenA4-j- Task 7.2: Flanning Commission Hearings (2) Task 7.3: City Council Hearings (2) Task-7. 4: Final General Plan locuments Task 7. 5: City Adoption Hearing Phase 6: Zoning Code Update Task Z:Lon1ng(-ocJeFormatanc1*j Task 8.3: Administrative Praft Zoning Code Task 8.4: Preliminary Draft Zoning Task 8.5: Public Review Draft Zoning Code Phase 9: Housing Element Update Phase 10: Economic Development Strategic Plan Phase 11: Infrastructure Master Flans Task 11.1: Infrastructure Master Plan: Water Task 11.2: Infrastructure Master Plan: Sewer System Task 11.3: Infrastructure Master Plan: Storm Drainage Task 11.4: Infrastructure Master Plan: Water Treatment Pla n and Recycled Water DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F pa5e Exhibit C - Gilroy General Plan Milestone Schedule (Upda 2016 Status 18 Jan 25 -Jan 1 -Feb B -Feh 15 -Feb 22 -Feb 29-Feb 7 -Mar 14 -Mar 21 -Mar 28 -Mar 4 -Apr I1 -Apr 16 -Apr 25 -Apr 2 -May 9 -M11ay 16-M ay 23 -May 34 Mav &1 n Phase 1-. Proiect Initiation [o, W. Phase 2: Background Report Phase 3: Vision and Guiding Principles Phase 4: Land Use Alternatives Phase 5: Prepare the General Plan Task 5. 1: Evaluate Existing General Plan and Develop Policy ls ue List Task 5.2: TAC Meeting 96 TAC Packet Deadline Task 5.3: GPAC #10Meeting ask 5. 4., CityyCouncil and Planning Commission Study Sessions Task 5. 5: General Plan Structure and Contents Task 5. 6: Administrative Draft General Plan Task 5.7: TAC Meeting #7 TAC Review Period Staff consolidation of TAC comments Prepare Preliminary Public Review Draft General Plan GPAC Packet Deadlines CouncilTask5. 9: City Planing Commission Study Sessions D0 • '' - - - I_-I--------------- Task 5,11: Newsletter #5 Draft General Plan-- Phase 6: Environmental Review Task 6. 1: Initial Study/Notice of Preparartion Task 6. 2: Scoping Meetin Task 6. 3: Administrative Draft EIR Screencheck Draft Task 6. 5; Nesponses to Public Comments Task 6.6: Findings of Fact and Statement of Overriding Considerations Task 6.7: Revised Draft Initial Study Checklist Task 7.1: Community Open House Task 7. 2: Planning Commission Hearings (2) Task 7. 3: City Council Hearings (2) Task 7.4: Final General Plan Documents Task 7. 5: City Adoption Hearing P Cocle Update Task 8. 1: Summary Matrix of Zoning Code Issues Task 8. 2: Zoning Code Format and Outline Task 8. 3: Administrative Draft Zoning Code Task 8. 41: Preliminary Draft Zoning Code Task 8. 5: Public Review Draft Zoning Code iihase 3: Housing Element Update Phase r Development Phase 11: Infrastructure Master Plans Task 11.1: Infrastructure Master Plan: Water Task 11.2: Infrastructure Master Plan: Sewer System Task 11.3: Infrastructure Master Plan: Storm Drainage Task 11.41: Infrastructure Master Plan: Water Treatment Plan and Recycled Water DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F Exhibit D.1 Addendum to Exhibit "D" Payment Schedule The following are revisions to the compensation amounts shown in Exhibit "D" Payment Schedule in the Agreement for Services between CONSULTANT and CITY for preparation of the new Gilroy General Plan. Labor Subtotal Labor Total Project Management Direct Expenses TOTAL COST CONTINGENCY 1,335,712 $66,153 $1,401,865 71,016 20,644 Original Amount Revised No. Task Name Amount Added Amount Task 2.1 GIS Database and Project Base Maps 3,690 2,450 6,140 Task 2.2 Administrative Draft Background Report 103,498 10,925 114,423 Task 2.8 GPAC meeting no. 4 2,920 4,210 7,130 Task 3.3 May 14 GPAC meeting 2,220 5,383 7,603 Task 4.1 Community Workshop No. 3 28,200 11,383 39,583 Task 4.3 GPAC meetings nos. 6 and 7 5,140 8,419 13,560 Task 4.5 Alternatives Evaluation 19,960 18,000 37,960 Task 9.6 Public Review Draft Housing Element 2,530 5,383 7,913 Labor Subtotal Labor Total Project Management Direct Expenses TOTAL COST CONTINGENCY 1,335,712 $66,153 $1,401,865 71,016 20,644 91,660 1,406,728 86,797 1,493,525 227,315 0 227,315 1,634,043 86,797 1,720,840 100,000 -- 86,797 13,203 GRAND TOTAL $1,734,043 $1,734,043 DocuSign Envelope ID: 3B131F52-71A7-420D-A5E8-6CA5B313235F