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RBF Consulting - 2014 Agreement for Santa Teresa Blvd/First Street Residential Project
AGREEMENT FOR SERVICES (For contracts over $5,000 - CONTRACTOR) This AGREEMENT made this 28 day of Ate, 2014, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: RBF Consulting, having a principal place of business at 14725 Alton Parkway, Irvine CA 92618. ARTICLE 1. TERM OF AGREEMENT 1L This Agreement will become effective on August 28'a d will continue in effect through June 30, 2015 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall' terminate this Agreement regardless of any other provision stated herein. Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR 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 CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR 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. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR 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 CONTRACTOR shall detennine 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 CONTRACTOR'S services. 4835 - 2267 -0361 v1 LAC104706083 s' C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR 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 CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $94,788. B. Invoices CONTRACTOR 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 CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section M incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that,portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR 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 CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be 4835 - 2267 -0361 v1 LAC104706083 responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'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 CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONTRACTOR 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 CONTRACTOR or CONTRACTOR'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, CONTRACTOR 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 CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, -at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835 - 2267 -0361v1 LAC104706083 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONTRACTOR must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. 4835 - 2267 -0361 v1 -4- LAC104706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR'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 CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR 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 CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR 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 CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY 4835 - 2267 -03610 LAC104706083 may have, CONTRACTOR 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 CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR 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, CONTRACTOR, at the CONTRACTOR'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 CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR 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 CONTRACTOR's duties by any new CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. 4835 -2267 -0361 v1 LAC104706083 C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR and that no person associated with CONTRACTOR 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 CONTRACTOR 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. 4835 - 2267- 0361v1 LAC104706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONTRACTOR 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. CONTRACTOR: RBF Consulting By: C= < Name: Glenn Lajoie Title: Vice President, Planning Services Social Security or Taxpayer Identification Number 95- 2247293 4835 - 2267 -0361 v1 _ g_ LAC104706083 CITY: GILROY By: 1' Name: homas J. Ha lg and Title: City Administrator Approved as to Form G` City orn y r ZIt8, n 4835 - 2267 -0361 v1 LAC104706083 EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER w . CONTRACTOR 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, CONTRACTOR agrees to assign Rita Garcia, 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, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR 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, David Bischoff shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR 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 CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835 - 2267 -0361 v1 LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR 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 CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR 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 CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR 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 CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), 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 CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835- 2267 -0361 v1 LAM04706083 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 CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835 - 2267 -0361v1 _3_ LAC104706083 H. NOTICES. Notices are to be sent as follows:. CITY: David Bischoff City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Rita Garcia RBF Consulting 14725 Alton Parkway Irvine, CA 92618 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR 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. Covenant against Contingent Fees The CONTRACTOR warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835- 2267 -0361 v1 4- LAC104706083 EXHIBIT "B" SCOPE OF SERVICES 4835 - 2267 -0361v1 LAC104706083 April 9, 2014 Mr. David Bischoff, Planning Manager Planning Division City of Gilroy 7351 Rosanna Street Gilroy, California 95020 Subject: Revised Proposal for Consulting Services: Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration Dear Mr. Bischoff: RBF Consulting is pleased to submit this revised proposal to the City of Gilroy for the Santa Teresa Boulevard /First Street Residential Project Initial Study /Mitigated Negative Declaration (IS /MND). It is our understanding that the Project involves development of 217 townhomes and associated parking, common space, and landscaping on 10.83 acres at the southeast comer of the Santa Teresa Boulevard and First Street intersection. The environmental documentation and CEQA clearance, detailed in Section II, Scope of Work, of this proposal, identifies the preparation of an Initial Study, which would be utilized as the supporting analysis for a Mitigated Negative Declaration. Based upon our review of available Project information, we have developed a greater understanding of the Project and potential environmental issues. Our background with similar projects and the experience of our team members are key attributes that we offer the City for this Project. Additionally and most notably, RBF authored the City of Gilroy 2007 -2014 Housing Element IS /MND and City of Gilroy 2007 -2014 Housing Element Implementation Project IS /MND. In summary, RBF offers the following benefits for your consideration: Project Team Commitment and Availability: The designated team will be led by Mr. Glenn Lajoie, serving as Project Director, and Ms. Rita Garcia, serving as Project Manager. Mr. Lajoie and Ms. Garcia have an extensive background related to environmental review for residential infill projects. • Similar Roadway Improvement Project Experience: RBF has prepared numerous CEQA compliance studies throughout California for residential infill projects, many of which involved analysis of complex issues such as traffic /circulation, land use consistency / compatibility, and infrastructure improvement challenges. PLANNING ■ DESIGN ® CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618 -2027 a P.O. Box 57057, Irvine, CA 92619 -7057 a 949.472.3505 ■ FAX 949.472.8373 Offices located throughout California, Arizona &Nevada ■ www.RBF.com Mr. David Bischoff Planning Manager April 9, 2013 Page 2 CEQA Experience in Gilroy: RBF's involvement in preparation of the City of Gilroy 2007- 2014 Housing Element IS /MND and City of Gilroy 2007 -2014 Housing Element Implementation Project IS /MND will enable a more coordinated effort and provide greater efficiency and accuracy in the environmental analysis of the currently proposed Santa Teresa Boulevard /First Street Residential Project. Most notably, the current Project was identified and analyzed at a program -level as Candidate Sites 2.1, 2.2, and 2.3 of the Implementation Project. • Legally Defensible Documentation: Preparation of legally defensible documents is imperative in today's environment. Throughout RBF's 40 years of preparing environmental documentation, we have attained extensive experience in writing accurate, legally defensible environmental documents for all types of controversial projects. Multi - Disciplinary Capabilities: RBF possesses a unique in -house network of professionals in disciplines including Planning /Environmental Services, Transportation/ Traffic Engineering; Civil Engineering (including Grading, Public Works, Water/Wastewater and Hydrology), Mechanical /Electrical /Energy Engineering, Computer Aided Design and Drafting (CADD), and GIS Services, Mapping, Surveying, Aerial Photogrammetry and Media .Services, which results in a coordinated and efficient effort, with full - service consulting capabilities within one firm. Diverse Planning and Environmental Services: RBF's Planning Department offers an extensive background of services and expertise for projects including General Plans, Specific Plans, Environmental Impact Reports, Due Diligence Reports, Initial Studies /Mitigated and Negative Declarations, Urban Design, Entitlement Processing, NEPA Review, Noise Studies, Visual Analyses, Hazardous Materials Assessments, and Air Quality Modeling. The RBF Planning Department also includes the Urban Design Studio (UDS) division. • Excellent Track Record of Meeting Schedules and Budgets: RBF has proven capabilities to effectively complete environmental studies on time and on budget. We appreciate your consideration of RBF Consulting for the proposed Santa Teresa Boulevard /First Street Residential Project environmental review. The undersigned is an agent authorized to submit proposals on behalf of RBF Consulting and is authorized to negotiate with the City on this Project. In addition, the RBF team has no conflicts of interest in providing services for this Project and there are no commitments that would impact our ability to perform the contracted services. RBF welcomes the opportunity to speak with you to discuss and further clarify the work program. Please do not hesitate to contact me at 949.855.3663 or at GAL @rbf.com or Rita Garcia at 949.472.3454 or at rgarcia @rbf.com if you have any questions or would like additional information. Sincerely, Glenn Lajoie, AICP Vice President Planning and Environmental Services PROPOSAL FOR CONSULTING SERVICES Santa Teresa Boulevard /First Street Residential Project Initial Study and Mitigated Negative Declaration Prepared for: CITY OF GILROY Submitted by: RBF CONSULTING April 9, 2014 THE PROJECT 1.1 INTRODUCTION RBF Consulting has submitted this Proposal to prepare environmental compliance documentation that will assess potential impacts and identify mitigation measures for the Santa Teresa Boulevard /First Street Residential Project in the City of Gilroy. The environmental review and associated work products will be prepared in accordance with the criteria, standards, and provisions of the California Environmental Quality Act of 1970 Section 21000 et. seq. of the CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and the regulations requirements and procedures of responsible Public Agencies with jurisdiction by law. Each environmental issue area of study is approached thoroughly in order to fully assess all potential impacts, establish thresholds of significance, and identify mitigation measures. RBF will provide services from our Corporate Headquarters in Irvine. Our familiarity with environmental and land use issues involving multi - family residential infill projects, coupled with our ongoing environmental review experience in Gilroy, are key assets that we offer in order to complete the environmental clearance for the Project. 1.2 UNDERSTANDING OF THE PROJECT It is RBF's understanding that the City of Gilroy is seeking consulting services to prepare and process CEQA compliance documentation for the Santa Teresa Boulevard /First Street Residential Project. The City of Gilroy Housing Element Implementation Project IS /MND (RBF Consulting, January 2012) addressed proposed amendments to the Gilroy General Plan, Zoning Ordinance, and Downtown Gilroy Specific Plan that were necessary, in order to implement the City of Gilroy 2007 -2014 Housing Element. The Housing Element included a Housing Policy Program that identified the "Actions" necessary, in order to achieve the specified goals and objectives. The 2012 IS /MND considered 15 candidate sites for redesignation /rezoning, including Sites 2.1, 2.2, and 2.3, which comprise the currently proposed Santa Teresa Boulevard /First Street Residential Project. The 2010 IS /MND provided a program -level analysis of development of the candidate sites, including Sites 2.1, 2.2, and 2.3. Regarding Sites 2.1, 2.2, and 2.3, the 2012 IS /MND analyzed their redesignation from General Service Commercial to High Density Residential (GPA 12 -06), and their rezoning from C3 Shopping Center Commercial to R4 High Density Residential (ZOA 12 -06), at a density of 20 dwelling units per acre. Since completion of the 2012 IS /MND, the proposed redesignation /rezoning of Sites 2.1, 2.2, and 2.3 was approved by the City. Based on a 10.83 -acre site and 20 dwelling units per acre, the maximum allowable development on Sites 2.1, 2.2, and 2.3 While the site is primarily undeveloped, three single - family farm houses and accessory farm buildings are located within the eastern portion of the site (within former Candidate Site 2.3). The proposed Project involves development of 217 townhomes and associated parking, common space, and landscaping on 10.83 acres at the southeast comer of the Santa Teresa Boulevard and First Street (Hecker Pass Highway) intersection. The Project includes development of 440,657 square feet of residential uses in 42 buildings including a community clubhouse. Approximately 3.0 • 1 • April 9, 2014 City of Gilroy Proposal for Santa Teresa BoulevardlFirst Street Residential Project Initial Study and Mitigated Negative Declaration acres of open space would be provided with paseos and courtyards located throughout the site and a pool area in the southeastern portion of the site. The individual townhome units would range in size from 1,253 to 2,100 habitable square feet plus a garage unit. Site access would be provided along both Santa Teresa Boulevard and First Street (Hecker Pass Highway). Onsite parking would consist of 20 tandem spaces with 394 side by side spaces for site residents and 46 parallel with 16 perpendicular spaces for guest parking. The following engineering plans have been prepared for the proposed development and would be available for RBF's use during preparation of the environmental document: • Site Plan; • Grading Plan; • Drainage Plan; • Stormwater Management Plan; • Landscaping Plans; • Building /Architectural Plans; • Arborist Report; and • Phase I ESA. The Project kick -off will confirm the Project Description, references, scheduling, and site visit. The Initial Study will be prepared in accordance with CEQA Guidelines. Each topical area will be analyzed and significance of impacts will be concluded. Mitigation measures will be recommended, as necessary, to avoid or lessen impacts. Preliminarily, RBF assumes the Initial Study will include detailed Cultural Resources and Traffic/Transportation analyses. RBF will serve as an extension of staff to ensure that the entire CEQA process is conducted in a comprehensive manner, which will include consideration of recent CEQA legislation and requirements of reviewing agencies. The RBF Project management team of Mr. Glenn Lajoie, AICP and Ms. Rita Garcia will provide regular and as- needed communications and updates to staff on the progression of the work program and status of the analysis. The RBF Team will be viewed as an integral component in the Project review and will participate in meetings with staff and public hearings, as required by the City. The RBF Team will assist decision makers and the public in understanding the analysis and conclusions of the environmental review, and will guide the entire CEQA review process. RBF has served in this role with a countless number of agencies and with a wide range of projects of great interest to communities. Ile SCOPE OF WORK The following Scope of Work has been prepared pursuant to RBF's current understanding of the proposed Santa Teresa Boulevard /First Street Residential Project presented above. The Budget, which is itemized according to task and issue, is included in Section IV. 1.0 PROJECT KICK -OFF AND PROTECT CHARACTERISTICS The work program for the Project will be initiated with a kick -off meeting with City representatives to discuss the Project in greater detail. This task assumes two RBF Team Members will be in attendance. This initial meeting is vital to the success of the CEQA process and will be a key • 2 • April 9, 2014 City of Gilroy Proposal for Santa Teresa Boulevard/FirstStreet Residential Project Initial Study and Mitigated Negative Declaration milestone in order to confirm the parameters of the analyses, construction program, proposed development, scheduling, and overall communications. Prior to the kick -off, RBF will distribute a meeting agenda and detailed memorandum, which will identify information needs. Based upon the detailed Project information obtained at the Project kick -off, RBF will prepare a Draft Project Description for review and approval by City Staff. 2.0 CEQA INITIAL STUDY AND CHECKLIST RBF will prepare an Initial Study in accordance with the CEQA Guidelines. The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis will be prepared in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The environmental document will denote the appropriate CEQA action based upon the Environmental Checklist/Environmental Analysis. The Initial Study report will be presented as follows: 2.1 INTRODUCTION AND PURPOSE The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Gilroy CEQA implementation procedures, to which the Project is subject. This section will identify the purpose of the study and statutory authority, as well document scoping procedures, summarize the IS /MND format, list the responsible and trustee agencies, and discuss the documentation incorporated by reference. 2.2 ENVIRONMENTAL SETTING AND PROJECT DESCRIPTION This section will address the Project's environmental setting, detailing the physical environmental conditions on the site and in its vicinity, as it exists at the time the analysis begins. This environmental setting will constitute the baseline physical condition by which impacts will be evaluated. The site's existing features and characteristics, including land uses and improvements, will be described, among others. The Project Description section will detail the Project location, background and history, discretionary actions, characteristics, goals and objectives, construction program, phasing, agreements, and required permits and approvals, based on available information. Exhibits depicting the regional and site vicinity will be included in this section. This task assumes no new substantive changes to the Project Description will occur following the initial submittal discussed in Task 1.0 above. 2.3 ENVIRONMENTAL ANALYSIS This section will comprehensively describe the thresholds of significance for each environmental analysis issue area. The significance threshold criteria will be described and will provide the basis for conclusions of significance. Primary sources to be used in identifying the criteria include Appendix G of the CEQA Guidelines, and local, State, Federal or other standards applicable to an impact category. RBF will evaluate the necessary information with respect to the existing conditions, the potential adverse effects resulting from Project implementation (both individual and cumulative), and measures to avoid or lessen such effects. Environmental issues raised by City Staff, agencies, and the community (and any other relevant and valid information source) will also be evaluated. The analysis will be based upon all available data, including the Cultural Resources Study prepared under Task 6.2 and the Traffic Impact Analysis prepared under Task 6.3 below. The environmental analyses will be performed by qualified RBF Environmental Analysts, CEQA experts, and Planners. • 3 • April 9, 2014 •� City of Gilroy Proposal for Santa Teresa Boulevard /First Street Residential Project Initial Study and Mitigated Negative Declaration The Environmental Analysis section will discuss the existing conditions for each environmental issue area, and identify short-term construction and long -term operational impacts associated with the Project. The impact analysis will be in a consistent order of environmental factors (Aesthetics, Agricultural, Air Quality, etc.), as presented in Appendix G of the CEQA Guidelines and the City of Gilroy adopted thresholds. The thresholds for significance will be identified for every environmental issue. Brief discussions will be provided for all environmental issues concluded to be No Impact or Less Than Significant Impact, including explaining why these determinations were made and that no further analysis is warranted. The Impact Subsections will provide a detailed analysis of each issue, in the same order as these issues are provided in Appendix G. The Environmental Analysis sections will provide the necessary technical data /documentation to support the conclusions and findings of significance rendered in the Environmental Checklist. This section will address the following issues: • Aesthetics; • Agriculture and Forest Resources; • Air Quality; • Biological Resources; • Cultural Resources; • Geology and Soils; • Greenhouse Gas Emissions; • Hazards and Hazardous Materials; • Hydrology and Water Quality; • Land Use and Planning; • Mineral Resources; • Noise; • Population and Housing; • Public Services; • Recreation; • Transportation /Traffic; • Utilities and Service Systems; and • Mandatory Findings of Significance. In accordance with RBF's understanding of the Project, the Initial Study will include a detailed analysis of the following environmental issue area: • Air Quality: Based on the Air Quality analysis (see Task 6.1), RBF environmental analysts will study air emissions resulting from Project construction and buildout. RBF will also conduct a quantitative health risk assessment, pursuant to BAAQMD requirements. • Cultural Resources: Based on LSA Associates Inc.'s Cultural Resources Study (see Task 6.2 below), which will include an archaeological and historical architectural assessment of the Project site, the Initial Study will analyze the Project's potential to cause an adverse change in the significance of historical and archaeological resources. • Greenhouse Gas Emissions: Based on the Greenhouse Gas Emissions analysis (see Task 6. 1), RBF environmental analysts will analyze the greenhouse gas emissions from both direct and indirect sources. Construction related GHG emissions will also be quantified and evaluated. • 4 • April 9, 2014 •e City of Gilroy Proposal for Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration Transportation and Traffic: Based on RBF's Traffic Impact Analysis (see Task 6.3 below), the Initial Study will address potential conflicts with applicable City plans, ordinances, or policies establishing measures of effectiveness for the performance of the circulation system. This analysis will consider all relevant components of the circulation system, including but not limited to streets, intersections, and pedestrian paths. This analysis will consider the Traffic Impact Analysis conducted as part of the City of Gilroy 2007 -2014 Housing Element Implementation Project. • Noise: An acoustic analysis (see Task 6.4 below) will be prepared to determine noise levels resulting from Project implementation and consistency with City codes and standards. 2.4 GRAPHIC EXHIBITS The environmental document will include exhibits to enhance the written text and clarify the Project environmental impacts. State -of -the -art computer design equipment and techniques will be used to create professional quality, black and white, or full color exhibits, dividers, and covers for the environmental document and Appendices. All exhibits will be 8'/i" x 11" in size and will be provided to the City in PDF format. A maximum of seven (7) exhibits is assumed in this task. 3.0 PUBLIC REVIEW DRAFT INITIAL STUDY 3.1 ADMINISTRATIVE DRAFT INITIAL STUDY RBF will prepare the Administrative Draft Initial Study for City review and comment. RBF will also submit one "check copy" of the Public Review Draft document, which will incorporate one consolidated set of City comments. This task assumes no new substantive changes to the Project. will occur following the initial submittal. 3.2 MITIGATED NEGATIVE DECLARATION With conclusions in the Initial Study that Project implementation would result in no significant environmental effects with mitigation incorporated, a Mitigated Negative Declaration (MND) will be prepared. Following this determination, RBF will prepare the Notice of Intent (NOI) to Adopt and the Mitigated Negative Declaration for City review. The NOI and MND will be attached to the Initial Study to fully explain the Project and its affects. RBF will provide the Public Review Draft Initial Study, NOI, and MND to the State Clearinghouse and additional distribution as directed by the City. This task excludes submittal to the local newspaper. 4.0 FINAL INITIAL STUDY 4.1 RESPONSES TO COMMENTS RBF will respond to all written comments received on the Public Review Draft Initial Study during the public review period, and any additional comments raised during the public hearings. RBF will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. RBF will prepare the Administrative Responses to Comments for City review and comment. RBF will submit one (1) "check copy" of the final Responses to Comments document, which will incorporate one consolidated set of City comments on the Administrative Responses to Comments. For budgeting purposes, RBF has assumed a maximum of eight (8) hours to prepare the Responses to Comments. • 5 • April 9, 2014 * City of Gilroy Proposal for Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration Should the comments be excessive and require more than the budgeted time, this task will be revisited. 4.2 MITIGATION MONITORING AND REPORTING PROGRAM To comply with the Public Resources Code Section 21081.6 (AB 32180), RBF will prepare a Mitigation Monitoring and Reporting Program (MMRP) that will be defined through consultation with City staff, in order to identify appropriate monitoring steps /procedures and provide a basis for monitoring such measures during and upon Project implementation. The MMRP Checklist will serve as the foundation of the Project's MMRP. The Checklist includes the number and text of each Mitigation Measure, as outlined in the IS /MND, the Monitoring Milestone (at what agency /department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks. RBF will prepare the Administrative MMRP for City review and comment. RBF will submit one (1) "check copy" of the final MMRP document, which will incorporate one consolidated set of City comments. 4.3 COMPLETION OF FINAL ENVIRONMENTAL DOCUMENT RBF will prepare a Final environmental document for City review and approval. The Final document will consist of the revised Public Review Draft Initial Study text, as necessary to address the comments received during the public review period. The Final document will include a purpose subsection, reference the review process, comments received, responses and any required edits /updates to the Public Review document. Also included in the final document is the MMRP in accordance with Public Resources Code Section 21081.6 (AB 3180). RBF will prepare the Notice of Determination (NOD) for City review and approval, and will file the NOD with the State, as needed. This task excludes filing the NOD with the County and preparation of forms and payment of fees to the California Department of Fish and Wildlife (CDFW). 5.0 PROJECT MANAGEMENT AND COORDINATION (ON- GOING) Mr. Glenn Lajoie and Ms. Rita Garcia will be responsible for management and supervision of the overall Project and consultation with the City Staff. Mr. Lajoie and /or Ms. Garcia will undertake consultation and coordination of the Project in its entirety, to ensure adherence to schedule and budget. This task also covers costs necessary to administer the contract for this effort. RBF anticipates attendance at only the "Kick -Off Meeting" (see above) and one public hearing. Additionally, this task assumes bi- weekly conference calls between the Project Team and City Staff. Should the City determine that meeting attendance beyond the one assumed meeting (kick -off) and one assumed public hearing are necessary, services will be provided under a separate scope of work on a time and materials basis. Mr. Lajoie and /or Ms. Garcia are available to attend scheduled staff meetings and could represent the Project Team at public hearings and make presentations, as necessary (on a T&M basis). • 6 e April 9, 2014 City of Gilroy Proposal for Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration 6°0 TECHNICAL STUDIES 6.1 AIR QUALITY /GREENHOUSE GAS EMISSIONS Existing Conditions /Regulatory Framework. The Project is located within the San Francisco Bay Area Air Basin (SFBAAB), which is under the jurisdiction of the Bay Area Air Quality Management District ( BAAQMD). Baseline meteorological and air quality data developed through the California Air Resources Board (CARE) will be utilized for the description of existing ambient air quality. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air quality local to the Project area. The analysis will also describe and address the requirements set forth by the BAAQMD CEQA Air Quality Guidelines. Construction - Related Emissions. RBF will quantify construction emissions with the California Emissions Estimator Model (CalEEMod). A general description of the major phases of construction and their timing will be required. The air pollutant emissions during construction will be compared to the BAAQMD regional thresholds of significance. RBF will also qualitatively discuss naturally occurring asbestos impacts. Long -Term Emissions. RBF will quantify operational (i.e., area and mobile source) emissions and provide a comparison to the BAAQMD regional thresholds of significance. The emissions will be quantitatively derived utilizing CalEEMod. Primary sources of emissions will be related to area sources and local /regional vehicle miles traveled. Project consistency with the latest BAAQMD Clean Air Plan will be evaluated. Greenhouse Gas Emissions. On June 18, 2012, the City of Gilroy City Council approved the City's Climate Action Plan Interim Guidelines (CAP Guidelines) for use as voluntary guidelines to help guide future City operations and new private development to achieve improved GHG reduction. The intent of the CAP Guidelines is to reduce GHG emissions emitted within the City by 15 percent below baseline (2005) levels by 2020 (according to the CAP Guidelines, in 2005, approximately 477,909 metric tons of CO2e emissions were generated within the City). However, the CAP did not incorporate measures sufficient to meet that target and it does not meet the BAAQMD criteria for a Qualifying Reduction Strategy. Therefore, RBF will review Project land use data and will prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect (i.e., energy /water consumption and wastewater /solid waste generation) sources. Construction related GHG emissions will also be quantified and evaluated. The emissions inventory will be quantified with CalEEMod and compared to the BAAQMD significance thresholds (1,100 metric tons of CO2e). Health Risk Analysis. Per the BAAQMD requirements, a health risk assessment (HRA) is warranted when siting any sensitive receptors within 1,000 feet of a source of Toxic Air Contaminants (TAC) (e.g., a high traffic volume roadway, freeway, railroad, industrial uses, etc.). The Project site is located southeast of the Santa Teresa/First Street ((Hecker Pass Highway) intersection, which experiences up to 18,000 average daily trips (ADT). The BAAQMD's screening level threshold is 10,000 ADT. Therefore, RBF will prepare a quantitative health risk impact analysis. The quantitative impact analysis involves the development of an emissions inventory for diesel particulate matter (DPM) sources, dispersion modeling to determine concentrations at sensitive receptors, and determination of the chronic and acute health impacts along with the projected increase in cancer risk due to exposure to DPM. Concentrations will be projected at the Project site. The modeled concentrations are then used to estimate the increased cancer risk and health hazard as described in the California Environmental Protection Agency's Office of Environmental Health • 7 • April 9, 2014 City of Gilroy Proposal for Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration Hazard Assessment (OEHHA) Air Toxics Hot Spots Program Risk Assessment Guidelines - The Air Toxics Hot Spot Program Guidance Manual for Preparation of Health Risk Assessment. The analysis will present background information on DPM and its health risks, the assumptions used for the modeling and modeling methodology and the results of the analysis. If necessary, mitigation measures will be identified to reduce risk impacts to a less than significant level. Assumptions /Data Needs. • The Client will provide detailed construction phasing and grading /excavation /paving quantities. o The Client will provide a detailed listing of all water /energy conservation measures that will be incorporated into the design. Any planned sustainable Project features should also be provided. • This scope accommodates revisions based on one consolidated set of comments. Additional comments can be addressed on a time and materials basis. • This scope excludes meetings /hearings. 6.2 CULTURAL RESOURCES Pursuant to 2012 IS /MND Section 4.5, Cultural Resources, the Project is subject to existing cultural resources mitigation measures, as outlined in the City of Gilroy's General Plan Policies. In compliance with Actions 5.A and 5.1 described in the IS /MND, a Cultural Resources Study is warranted. The Cultural Resources Study prepared by LSA Associates, Inc. will include an archaeological and historical architectural assessment of the Project site in accordance with CEQA, the California Register of Historical Resources (California Register), applicable sections of the City of Gilroy Municipal Code, and the City of Gilroy General Plan's Community and Design and Development Element. The archaeological assessment will consist of a background research and a field surveyto identify archaeological deposits on the Project site or immediate vicinity. The historical architectural assessment of the three residential farmsteads will consist of background research, an architectural field survey, resource recording, and an eligibility evaluation of the buildings and structures that comprise the three residential farmsteads. The work programs for the archaeological and historical architectural assessments are described below. Archaeological Assessment LSA will conduct an archaeological assessment consisting of the following tasks: Conduct a Records Search. LSA will request a cultural resources records search of the Project area from the Northwest Information Center (NWIC) of the California Historical Resources Information System, Sonoma State University, Rohnert Park. The NWIC, an affiliate of the California Office of Historic Preservation, is the official state repository of cultural resources reports and records for Santa Clara County. The records search will identify recorded cultural resources and studies of and within 0.25 -miles of the Project site. • 8 • April 9, 2014 City of Gilroy Proposal for Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration Review Other Inventories and Directories. Cultural resource inventories will be reviewed to determine if any cultural resources are listed within or adjacent to the Project site. These inventories will include the California Inventory of Historic Resources (California Department of Parks and Recreation 1976), the Office of Historic Preservation's Five Views: An Ethnic Historic Site Survey for California (1988), California Historical Landmarks (1996), California Points of Historical Interest (1992), and the Directory of Properties in the Historic Property Data File (which contains the listings of the National Register of Historic Places, California Register of Historic Resources, California Historical Landmarks, and California Points of Historical Interest). City of Gilroy or Santa Clara County listings, if available, will also be reviewed. Field Survey. A pedestrian field survey will be conducted to identify archaeological deposits on the Project site. Archaeological resources within the Project site will be identified, but they will not be formally recorded or evaluated for their significance. If archaeological deposits are identified within the Project site during the records search and /or field survey, a change order would be required to formally record the resource(s). The records would consist of completed California Department of Parks and Recreation 523 Series forms, and would include, at a minimum, a Primary Record and Location Map. Other forms will be prepared as necessary including, but not limited to, Archaeological Site Records, Artifact Records, and Sketch Map Records. Report. LSA will prepare a separate technical report to document the archaeological assessment's methods, results, and management recommendations. The report will be submitted to the NWIC in fulfillment of a requirement to access their archives. It is noted, this task excludes Native American consultation, since it was conducted as part of the City of Gilroy Housing Element Implementation Project IS /MND (RBF Consulting, January 2012). Historical Architectural Assessment LSA will conduct a historical architectural assessment consisting of the following tasks: Conduct a Records Search. LSA will request a cultural resources records search (combined with the archaeological assessment task above) from the NWIC. The records search will identify recorded architectural cultural resources and studies of and adjacent to the Project site. Review Other Inventories and Directories. Cultural resource inventories will be reviewed to determine if any cultural resources are listed within or adjacent to the Project site. These inventories will include the California Inventory of Historic Resources (California Department of Parks and Recreation 1976), the Office of Historic Preservation's Five Views: An Ethnic Historic Site Survey for California (1988), California Historical Landmarks (1996), California Points of Historical Interest (1992), and the Directory of Properties in the Historic Property Data File (which contains the listings of the National Register of Historic Places, California Register of Historic Resources, California Historical Landmarks, and California Points of Historical Interest). City of Gilroy or Santa Clara County listings, if available, will also be reviewed. Property Specific Research. LSA will conduct research, at a minimum, at the Gilroy Historical Society in Gilroy, the Santa Clara County Historical and Genealogical Society in Santa Clara, and the California Room in the Dr. Martin Luther King Jr. Library in San Jose. This research will obtain information about the recent history of the Project area, such as construction and alteration dates, land use patterns, and other information necessary to address resource significance and integrity. LSA will incorporate such relevant information into the evaluation. • 9 • April 9, 2014 City of Gilroy Proposal for Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration Field Survey and Resource Recording. A pedestrian field survey will be conducted to identify architectural cultural resources (e.g., buildings, structures, and objects over 50 years old) in the Project area. Based on a review of Project maps and aerial photographs, the 10.83 -acre Project site contains three residential farmsteads and remnant fruit orchards situated on a common parcel. These residential farmsteads will be recorded individually on California Department of Parks and Recreation 523 Series forms. Eligibility Evaluation. The buildings on the Project site that are of sufficient age will be evaluated for their California Register eligibility. For the purposes of Project planning and apparent varying age and characteristics of the farmsteads, the evaluation will consider the farmsteads individually. If background research and field survey results demonstrate that a reasonable connection based on continuity of occupancy and land use through time exists, the evaluation will change to a district - based approach. Report. LSA will prepare a separate technical report to document the historical architectural assessment's methods, results, and management recommendations. The report will be submitted to the NWIC in fulfillment of a requirement to access their archives. The research, identification, and evaluation of any buildings or structures outside the Project site are not included in this proposal. Assumptions. o The specified budget will not be exceeded without the City's specific authorization. • If archaeological deposits are identified, a scope and budget adjustment will be required to document, analyze, and report on such resources. • The field study can be completed in one visit and that it will not be necessary to return due to lack of access. In particular, it is assume sufficient access will be granted to the buildings and structures to enable LSA to view the architectural methods, materials, and possible additions. • Responses to comments beyond eight hours, as well as meeting attendance, will .bebilled on a time - and - materials basis. No Federal funding nexus exists for the Project. Therefore, this scope does not include a Caltrans level Archaeological Survey Report and Historical Resources Compliance Report, pursuant to Caltrans' Standard Environmental Reference Volume II. Notwithstanding, given the Project site's proximity to SR -152 (First Street) and the future Intersection Control Evaluation of the Santa Teresa Boulevard /SR -152 intersection, the potential exists that Caltrans' involvement would require additional reporting to conform to their cultural resources guidance and regulations. In the event Caltrans will act as a reviewing agency for any portion of the proposed Project, a change order would be required to adapt the proposed assessments for use in satisfying Caltrans requirements. 6.3 TRAFFIC IMPACT ANALYSIS RBF has been directed by City staff to prepare a scope and budget for an Intersection Control Evaluation (ICE) of the Santa Teresa Boulevard /SR -152 intersection. In response to this request, RBF is conducting further research and consultation with Caltrans to accurately scope Caltrans' requirements for preparation of an ICE. Therefore, the following scope for the Traffic Impact Analysis does not include any tasks associated with the ICE. Additionally, the following scope is preliminary and a change order may be required to satisfy Caltrans requirements. • 10 • April 9, 2014 City of Gilroy Proposal for Santa Teresa Boulevard/First Street Residential Project Initial Study and Mitigated Negative Declaration RBF will prepare a Traffic Impact Analysis for the proposed Santa Teresa Boulevard /First Street Project in the City of Gilroy. The traffic analysis will assess traffic conditions and potential traffic impacts associated with the proposed 217 -unit townhome Project by analyzing forecast trip generation, distribution, and assignment of the proposed Project on the study area circulation system. The proposed Project will displace the existing occupied structures on the Project site. If necessary, mitigation measures for identified Project - generated traffic impacts will be recommended in accordance with applicable agency performance criteria and thresholds of significance. Study Analysis Conditions. The traffic analysis will identify traffic operations under the following scenarios • Existing Conditions; • Forecast Existing Plus Project Conditions; • Forecast Near -Term Year Without Project Conditions; • Forecast Near -Term Year With Project Conditions; A long -range year analysis is not included in this scope of work under the assumption the proposed Project does not require either a General Plan Amendment or Zone Change. Study Area. The traffic study will consist of the following 13 study intersections, which RBF will collect traffic count volume data during the a.m. peak period (7:00 a.m. to 9:00 a.m.) and the p.m. peak period (4:00 p.m. to 6:00 p.m.) on a typical weekday (Tuesday, Wednesday, or Thursday): 1. Santa Teresa Boulevard/Welburn Avenue; 2. Santa Teresa Boulevard /First Street; 3. Santa Teresa Boulevard/Third Street 4. Westwood Drive /First Street; 5. Wren Avenue /First Street; 6. Wayland Lane - Miller Avenue /First Street; 7. Church Street/First Street; 8. Leavesley Road /Monterey Street; 9. Monterey Street/First Street; 10. First Street/Leavesley Road; 11. Murray Avenue / Leavesley; 12. US101 Southbound Ramps; and 13. US101 Northbound Ramps. This scope of work does not assume vehicle classification traffic count data collection. Since some study intersections are not under the jurisdiction of the City of Gilroy, the traffic impact analysis will utilize applicable agency performance criteria and thresholds of significance, as appropriate. Study intersections under Caltrans jurisdiction will be analyzed in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies (State of California Department of Transportation, December 2002). Site Visit/Existing Systems Documentation. RBF will visit the study area to document existing conditions including intersection control, traffic signal phasing, roadway cross - section, speed limits, parking restrictions, intersection approach lanes, etc. The traffic analysis will include graphics documenting the existing intersection roadway geometry and the analysis will utilize existing geometric conditions to establish a baseline for current operations. 0 11 • April 0, 2014 City of Gilroy Proposal for Santa Teresa Boulevard /First Street Residential Project Initial Study and Mitigated Negative Declaration Proposed Project Trip Generation, Trip Distribution and Assignment. The study will identify the number of daily and peak hour trips forecast to be generated by the proposed Project using trip generation rates obtained from the Trip Generation (Institute of Transportation Engineers, 9h Edition, 2012) or other source as directed by City staff. Assumptions regarding forecast Project trip generation, taking into applicable trip adjustments associated with the existing three dwelling units on the Project site displaced by the proposed Project will be reviewed and approved by City staff priorto inclusion in the analysis. Additionally, manual trip distribution and assignment will be reviewed and approved by agency staff prior to utilization in the analysis. The proposed Project's forecast trip generation will be derived from the net trip generation between the trips forecast to be generated by the proposed Project minus the measured trips generated by the existing land use on the Project site that will be displaced by the proposed Project. As part of the analysis, RBF will count the existing trip generation of the Project site during the a.m. peak and the p.m. peak on a typical weekday, as well as over a 24 -hour period. Forecast Near -Term Year Traffic Volumes. Forecast future near -term Project opening year traffic volumes will be based on either specific cumulative projects traffic data supplied by City staff, and /or by applying an annual traffic growth rate provided by City staff to adjust existing traffic volumes to the designated future horizon year. Forecast future year conditions will assume planned, programmed, and funded circulation improvements identified by City staff, anticipated for completion by the future horizon year. Level of Service. The analysis will assess forecast traffic conditions at the 13 study intersections for the analysis scenarios identified above during the a.m. peak hour and p.m. peak hour. The analysis will document operation of the signalized study intersections using the Highway Capacity Manual (HCM) analysis methodology. Intersection level of service analysis will be prepared using the TraffixTm software. If the analysis indicates the proposed Project will significantly impact study intersections based on applicable agency thresholds of significance, mitigation measures will be recommended in accordance with established agency performance criteria. The analysis will document forecast operating conditions after implementation of recommended mitigation measures. State Highway Intersection Analysis. The Caltrans traffic studies guide requires review of substantial individual projects, which might on their own impact the State Highway transportation system. The State Highway intersection analysis will be prepared in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies (State of California Department of Transportation, December 2002), assuming the State Highway intersection study area will consist of the following eleven (11) State Highway intersections: 1. Santa Teresa Boulevard /First Street(SR -152); 2. Westwood Drive /First Street(SR -152); 3. Wren Avenue /First Street(SR -152); 4. Wayland Lane - Miller Avenue /First Street(SR -152); 5. Church Street/First Street(SR -152); 6. Monterey Street(SR- 152) /Leavesley Road; 7. Monterey Street(SR- 152) /First Street(SR -152); 8. Forest Street/Leavesley Road(SR -152); 9. Murray Avenue /Leavesley Road(SR -152); 10. US101 Southbound Ramps /Leavesley Road(SR -152); and 11. US101 Northbound Ramps /Leavesly Road(SR -152). • 12 • April 9, 2014 City of Gilroy Proposal for Santa Teresa. Boulevard /First Street Residential Project Initial Study and Mitigated Negative Declaration The State Highway study intersections will be analyzed utilizing the HCM analysis methodology in accordance with Caltrans guidelines. This scope of work assumes no freeway mainline or freeway ramp analysis. The State Highway analysis will assess the forecast traffic conditions for the analysis scenarios identified above at the State Highway study intersections. If the State Highway intersection analysis shows the proposed Project will significantly impact a State Highway facility based, on Caltrans thresholds of significance, mitigation measures will be recommended in accordance with Caltrans performance criteria. The analysis will also document forecast operating conditions after application of any recommended mitigation measures. 6.4 ACOUSTIC ANALYSIS Existing Conditions /Regulatory Framework. RBF will review applicable noise and land use compatibility criteria for the Project area. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the Project site. This scope excludes noise measurements. Construction - Related Noise and Vibration. Noise,impacts from Project construction activities will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts from potential pile driving or drilling for the placement of piles will be based on the Federal Transit Administration's vibration analysis guidance. Analysis requirements will be based on the area's sensitivity, specific construction activities, and Noise Ordinance specifications. Operational Noise Sources. On- and off -site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA -RD -77 -108). The 24 -hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. Traffic noise impacts to proposed on -site receptors (residents) will be addressed and the necessary minimum Sound Transmission Class (STC) window ratings will be identified. Assumptions /Data Needs. • The Client will provide detailed construction phasing and grading /excavation /paving quantities. C Traffic data shall include peak hour traffic counts, levels of service, and daily trip generation data. • This scope accommodates revisions based on one consolidated set of comments. Additional comments can be addressed on a time and materials basis. This scope excludes meetings /hearings. • 13 • April 9, 2014 •� , City of Gilroy Proposal for Santa Teresa Boulevard /First Street Residential Project Initial Study and Mitigated Negative Declaration 111. PRELIMINARY PROJECT SCHEDULE The following Preliminary Schedule assumes authorization to proceed with the work program in March 2014. A date specific schedule can be provided prior to the kick -off meeting. Kick -Off Meeting RBF prepares Draft Project Description City reviews Draft Project Description RBF prepares Administrative Draft Initial Study /MND City reviews Administrative Draft Initial Study /MND RBF completes Public Review Draft Initial Study /MND RBF prints /distributes Public Review Draft Initial Study /MND 30 -Day Public Review RBF prepares Administrative Responses to Comments /MMRP City reviews Administrative Responses to Comments /MMRP RBF prepares Final Responses to Comments /MMRP RBF prints /distributes Final Responses to Comments /MMRP RBF prepares Administrative Final Document Hearing Hearing Week 1 Week 1 Week 2 Weeks 3 - 9 Week 10 Week 11 Week 12 Weeks 1 �� � Week 17 Week 18 b4) Week 1 S J4 Week 1� Week 20 :m • 14 • April 9, 2014 TASK GL 230 RG 1.70 AH 125 ET 150 BM 225 GrA 85 Total Hours Total Cost 1.0 PROJECT KICK =OFF &- CHARACTERISTICS 4 -6 __. _ 12 $2,280 2.0 CEQA INITIAL STUDYICHECKLIST 0 $0. 2.1 Introduction and Purpose - 1 2 3 $480 2.2 Environmental Setting & Project Description 1 12 13 $2,270 2.3 Environmental Setting and Analysis 4 18 24 46 $6;980 A. Detailed Air duality & Greenhouse Emissions 6 6 $1,020 B. Detailed Cultural Resources 6 6 $1,020 C. Detailed Traffic & transportation 8 1 8 $1,360 D. Detailed Noise 6 6 $1,020 2.4 Graphic Exhibits 1 1 14 16 $1,590 3.0 PUBLIC REVIEW DRAFT INITIAL STUDY 0 $0 31 Administrataive Draft Initial Study 1 16 17 $2,950 3.2 Miti ated Ne ative Declaration 1 12 13 $2,270 4.0 FINAL INITIAL STUDY 0 $0 4.1 Responses to Comments 1 8 9 $1;590 4.2 Mitigation Monitoring and Reporting Program 1 6 7 $1,250 4.3 Completion of Final Environmental Document 1 10 11 $1,930 5.0 PROJECT MANAGEMENT & MTG ATTEND 16 24 40 $7,760 6.0 TECHNICAL STUDIES 0 $0 6.1 Air Qual ity & Greenhouse Gas Emissions 30 30 $4;500 6.2 Cultural Resources LSA Associates 0 $11,500 6.3 Traffic Impact Analysis 110 110 $24,750 6.4 Acoustic Analysis 16 18 $2,700 TOTAL HOURS 32 141 26 48 1101 14 371 'Percent of Total Labor Hours 9% 38% 7% 13% ' 30% 4% 100% TOTAL LABOR COSTS' $7,360 $23,970 $3,250 $7,200 $24,7501 $1190 $79,220 Project Expenses (copies; fax„ travel, ete $2,000. TOTAL COST $81,220 GL = >Glenn Lajoie BM = Bob Matson RG = Rita Garcia GrA Graphic Artist AH = Alesia Hsiao • 15 • April 9, 2014 JN Request No. Date: 141337 1 (to April 9, 2014 Scope) August 22, 2014 ADDITIONAL WORK REQUEST SUMMARY Client: City of Gilroy Work Requested By: Mr. David Bischoff, Planning. Manager SUMMARY OF ADDITIONAL WORK: This Additional Work Request Summary (AWR) is provided in response to City of Gilroy's request for a Scope of Work and Fee (August 18, 2014 email communication) to provide additional consulting services in support of the Project's Traffic Impact Analysis. The additional work is summarized, as follows: • Existing Peak Period Study Intersection Data Collection; • Site Visit and Existing Systems Documentation for Expanded Study Area; • LOS Analysis of the Expanded Study Area; • Signal Warrant Analysis and Collection of Existing 24 -Hour Roadway Segment ADT Data; and • Coordination with Caltrans IGR -CEQA Staff for Preparation of the Traffic Impact Analysis. This AWR addresses revisions to the Scope of Work, as proposed in the April 9, 2014 Proposal. Further, this AWR is separate from and does not supersede the April 9, 2014 Proposal. It is noted additional work beyond this AWR may be required pending further discussions and direction from Caltrans or other agencies. Based upon direction from City staff, we have developed the Work Program described below related to Task 6.3, Traffic Impact Analysis of the April 9, 2014 Proposal. Existing Peak Period Study Intersection Data Collection The April 9, 2014 Proposal included collection of weekday a.m. peak period (7:00 a.m. to 9 :00 a.m.) and p.m. peak period (4:00 p.m. to 6:00 p.m.) traffic count data at the following thirteen (13) intersections: 1. Santa Teresa Boulevard / Welburn Avenue (City of Gilroy); 2. Santa Teresa Boulevard / First Street (SR -152) (Caltrans); 3. Santa Teresa Boulevard / Third Street (City of Gilroy); 4. Westwood Drive / First Street (SR -152) (Caltrans); 5. Wren Avenue / First Street (SR -152) (Caltrans) ; 6. Wayland Lane - Miller Avenue / First Street (SR -152) (Caltrans); 7. Church Street / First Street (SR -152) (Caltrans); 8. Monterey Street / Welburn Avenue — Leavesley Road (Caltrans); 9. Monterey Street / First Street (SR -152) (Caltrans); 1 10. Forest Street / Leavesley Road (SR -152) (Caltrans); 11. Murray Avenue / Leavesley Road (SR -152) (Caltrans); 12. US -101 Southbound Ramps / Leavesley Road (SR -152) (Caltrans); and 13. US -101 Northbound Ramps / Leavesley Road (SR -152) (Caltrans). Based on discussions with City staff, the study area will be expanded to include the following additional twelve (12) intersections for analysis during the weekday a.m. peak hour and p.m. peak hour: 1. Santa Teresa Boulevard / Fitzgerald Avenue (County of Santa Clara); 2. Santa Teresa Boulevard / North Day Road (County of Santa Clara); 3. Santa Teresa Boulevard / South Day Road (City of Gilroy); 4. Santa Teresa Boulevard / Sunrise Drive (City of Gilroy); S. Santa Teresa Boulevard / Longmeadow Drive (City of Gilroy); 6. Santa Teresa Boulevard / Mantelli Drive (City of Gilroy); 7. Kelton Drive - Project Site Access / First Street (SR -152) (Caltrans); 8. Wren Avenue / Mantelli Drive (City of Gilroy); 9. Wren Avenue / Welburn Avenue (City of Gilroy); 10. Monterey Street / Fitzgerald Avenue - Masten Avenue (County of Santa Clara); 11. US -101 Southbound Ramps / Masten Avenue (Caltrans); and 12. US -101 Northbound Ramps / Masten Avenue (Caltrans). City staff has provided September 2013 a.m. peak period (7:00 a.m. to 9:00 a.m.) and p.m. peak period (4:00 p.m. to 6:00 p.m.) traffic counts at the following seven (7) of the twelve (12) added intersections: • Santa Teresa Boulevard / Fitzgerald Avenue (County of Santa Clara); • Santa Teresa Boulevard / North Day Road (County of Santa Clara); • Santa Teresa Boulevard / South Day Road (City of Gilroy); • Santa Teresa Boulevard / Sunrise Drive (City of Gilroy); e Santa Teresa Boulevard / Longmeadow Drive (City of Gilroy); • Santa Teresa Boulevard / Mantelli Drive (City of Gilroy); and • Monterey Street / Fitzgerald Avenue - Masten Avenue (County of Santa Clara). Hence, RBF will collect weekday a.m. peak period (7:00 a.m. to 9:00 a.m.) and p.m. peak period (4:00 p.m. to 6:00 p.m.) traffic volumes during one typical weekday at the following remaining five (5) study intersection for use in the analysis: • Kelton Drive - Project Site Access / First Street. (SR-152) (Caltrans); • Wren Avenue / Mantelli Drive (City of Gilroy); • Wren Avenue / Welburn Avenue (City of Gilroy); • US -101 Southbound Ramps / Masten Avenue (Caltrans); and • US -101 Northbound Ramps / Masten Avenue (Caltrans). This scope of work does not assume vehicle classification traffic count data collection. `) Site Visit and Existing Systems Documentation for Expanded Study Area RBF will visit the study area to document existing conditions including intersection control, traffic signal phasing, roadway cross - section, speed limits, parking restrictions, intersection approach lanes, etc. for the expanded study area and added study intersections. LOS Analysis of the Expanded Study Area The April 9, 2014 Proposal included level of service (LOS) analysis for the following thirteen (13) intersections: 1. Santa Teresa Boulevard / Welburn Avenue (City of Gilroy); 2. Santa Teresa Boulevard / First Street (SR -152) (Caltrans); 3. Santa Teresa Boulevard /Third Street (City of Gilroy); 4. Westwood Drive / First Street (SR -152) (Caltrans); 5. Wren Avenue / First Street (SR -152) (Caltrans) ; 6. Wayland Lane - Miller Avenue / First Street (SR -152) (Caltrans); 7. Church Street / First Street (SR -152) (Caltrans); 8. Monterey Street / Welburn Avenue — Leavesley Road (Caltrans); 9. Monterey Street / First Street (SR -152) (Caltrans); 10. Forest Street / Leavesley Road (SR -152) (Caltrans); 11. Murray Avenue / Leavesley Road (SR -152) (Caltrans); 12. US -101 Southbound Ramps / Leavesley Road (SR -152) (Caltrans); and 13. US -101 Northbound Ramps / Leavesley Road (SR -152) (Caltrans). Based on discussions with City staff, the study area will be expanded to include the following additional twelve (12) intersections for analysis during the weekday a.m. peak hour and p.m. peak hour: 1. Santa Teresa Boulevard / Fitzgerald Avenue (County of Santa Clara); 2. Santa Teresa Boulevard / North Day Road (County of Santa Clara); 3. Santa Teresa Boulevard / South Day Road (City of Gilroy); 4. Santa Teresa Boulevard / Sunrise Drive (City of Gilroy); 5. Santa Teresa Boulevard / Longmeadow Drive (City of Gilroy); 6. Santa Teresa Boulevard / Mantelli Drive (City of Gilroy); 7. Kelton Drive - Project Site Access / First Street (SR -152) (Caltrans); 8. Wren Avenue / Mantelli Drive (City of Gilroy); 9. Wren Avenue / Welburn Avenue (City of Gilroy); 10. Monterey Street / Fitzgerald Avenue - Masten Avenue (County of Santa Clara); 11. US -101 Southbound Ramps / Masten Avenue (Caltrans); and 12. US -101 Northbound Ramps / Masten Avenue (Caltrans). Since the study intersections are under the jurisdiction of various agencies, the analysis will utilize the performance criteria and thresholds of significance appropriate at each study intersection based on the jurisdiction. Signal Warrant Analysis and Collection of Existing 24 -Hour Roadway Segment ADT Data Based on discussions with City staff, the traffic analysis will include signal warrant evaluations at the following six unsignalized study intersections: • Santa Teresa Boulevard / Fitzgerald Avenue (County of Santa Clara); • Kelton Drive - Project Site Access / First Street (SR -152) ( Caltrans); • Wren Avenue / Mantelli Drive (City of Gilroy); • Wren Avenue / Welburn Avenue (City of Gilroy); • US -101 Southbound Ramps / Masten Avenue ( Caltrans); and • US -101 Northbound Ramps / Masten Avenue ( Caltrans). The signal warrant analyses will evaluate the five unsignalized intersections for the following Manual on Uniform Traffic Control Devices (MUTCD) signal warrants: • MUTCD a.m. Peak Hour Warrant; • MUTCD p.m. Peak Hour Warrant; and • MUTCD ADT Warrant. As part of the signal warrant analysis, RBF will collect 24 -hour, roadway segment ADT counts at the following twenty (20) locations during one typical weekday: 1. Santa Teresa Boulevard north of Fitzgerald Avenue; 2. Santa Teresa Boulevard south of Fitzgerald Avenue; 3. Fitzgerald Avenue west of Santa Teresa Boulevard; 4. Fitzgerald Avenue east of Santa Teresa Boulevard; 5. Kelton Drive north of First Street; 6. First Street west of Kelton Drive; 7. First Street east of Kelton Drive; 8. Wren Avenue north of Mantelli Drive; 9. Wren Avenue south of Mantelli Drive; 10. Mantelli Drive west of Wren Avenue; 11. Mantelli Drive east of Wren Avenue; 12. Wren Avenue north of Welburn Avenue; 13. Wren Avenue south of Welburn Avenue; 14. Welburn Avenue west of Wren Avenue; 15. Welburn Avenue east of Wren Avenue; 16. US -101 Southbound Off -Ramp at Masten Avenue; 17. US -101 Northbound Off -Ramp at Masten Avenue; 18. Masten Avenue west of US -101 Southbound Ramps; 19. Masten Avenue between US -101 Southbound Ramps and US -101 Northbound Ramps; and 20. Masten Avenue east of US -101 Northbound- Ramps. Coordination with Caltrans IGR -CEQA Staff for Preparation of the Traffic Impact Analysis Based on City staff and Caltrans direction, RBF will coordinate via conference calls with Caltrans IGR- CEQA staff to receive Caltrans input and consensus on preparation of the traffic impact analysis. 4 Coordination with Caltrans will be especially critical if preparation of an Intersection Control Evaluation (ICE) is determined to be required based on the analysis results and findings. It should be noted this scope of work does not assume any tasks associated with preparation of an ICE. This scope of work assumes a total of 16 hours for conference calls with Caltrans IGR -CEQA staff. It should also be noted this scope of work is subject to change based on input from Caltrans during the coordination process and does not include preparation of any freeway segment analysis, freeway ramp merge /diverge analysis, freeway weaving analysis, queue analysis, or other tasks not included in this scope of work. TOTAL: $13,568 EXHIBIT "D" PAYMENT SCHEDULE Costs incurred by CONSULTANT shall be billed monthly. Costs shall not exceed the amount specified in Article 4 of this Agreement. 4842- 9635- 2788v2 _ 1 MDOLINGER104706083 EXHIBIT "C" MILESTONE SCHEDULE See Section III of the scope of work, attached as Exhibit. B. 4842- 9635- 2788v2 _ MDOLINGER104706083 _ I Form Vii 1111119 Request for Taxpayer Give Fond to the (Rev. August Identification Number and Certification requester. Do not thoT n � � T�y entities, it is your employer identification number (EIN). If you do not have a number, see How to get a send to the. IRS. Internal Revenue SaMce 1. Certify that the TIN you are giving is correct (or you are welting for a number such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a 77N on page 3. Name (as shown on your Income tax return) Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose RBF Consulting N Business name /disregarded entity name, if different from above p RBF Consulting, A Company of Michael Baker International a Check appropriate box for federal tax classification: Exemptions (see instructions): o ❑ Indlvldual/sols proprietor ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ TruWastate oExempt psyee code Of any) o ❑ Limited liability company. Enterthe tax classification (C=C corporation, S -S corporation', P =partnership) ► Exemption from FATCA reporting code Of any) y❑ 0 Other (see instructlons) ► Address ( number, street, and apt or suite no.) Requesters name and address (optional) cL 14725 Alton Parkway / Payment Via Lockbox: DEPT LA 24031 mCity, state, and ZIP code m Irvine, CA 92618 /Pasadena, CA 91185 -4031 List account number(s) here (optlonaq Taxpayer Identification Number Enter your TIN In the appropriate box. The TIN provided must match the name given on the "Name" line social security number to avoid backup withholding. For individuals, this is your soda) security number However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other page . A domestic trust (as defined In Regulations section 301.7701 -7). Use Form W-9 only if you are a U.S, person (including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business In _ m _ entities, it is your employer identification number (EIN). If you do not have a number, see How to get a applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from 1. Certify that the TIN you are giving is correct (or you are welting for a number such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a 77N on page 3. foreign person, and pay the section 1446 withholding tax. Therefore, If you are a Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer kkmfflcatlon number 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If number to enter. F—i-1 and avoid section 1446 withholding on your share of partnership Income. Under penalties of perjury, I certify that 1. The number shown on this forth is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Cerdfication instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contribudona to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. ''r9° I Signature of k!n{� Robert Kallenbau�h Here U s. person (J( 1 ` ate ► Z c7 y General instructionsW Operational Manager Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for Information about Form W-9, at wwwdrs.gov/w9. Information about any future developments affecting Form W -9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form withholding tax an foreign partners' share of affe4Uvey connected Income, mrd . 4. Certify that FATCA codes) entered on this form Of any) Indicating that you are exempt from the FATCA reporting, is correct. Note. if you are a U.S. person and a requester gives you a farm other than Form W-9 to request your TIN, you must use the requester's form If It Is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: A person who is required to file an information return with the IRS must obtain your - An Individual who Is a U.S. citizen or U.S. resident alien, correct taxpayer Identification number (TiN) to report, for example, income paid to • A partnership, corporation, company, or association created or organized in the you, payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made . An estate (other than a foreign estate), or to an IRA . A domestic trust (as defined In Regulations section 301.7701 -7). Use Form W-9 only if you are a U.S, person (including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business In provide your correct TIN to the person requesting it (the requester) and, when the United States are generally required to pay a withholding tax under section applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from 1. Certify that the TIN you are giving is correct (or you are welting for a number such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a to be issued), foreign person, and pay the section 1446 withholding tax. Therefore, If you are a 2. Certify that you are not subject to backup withholding, or U.S. person that Is a partner In a partnership conducting a trade or business In the 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If United States, provide Form W -9 to the partnership to establish your U.S. status applicable, you are also certifying that as a U.S, person, your allocable share of and avoid section 1446 withholding on your share of partnership Income. any partnership income from a U.S. trade or business is not subject to the Cat. No. 10231X Form W -9 (Rev. 8 -2013) DATE(MM/DD/w" .A CERTIFICATE OF LIABILITY INSURANCE 07/14/Z014 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 !IGT Aon Risk Services Central, Inc.. (866) 283 -7122 FAX No : (800) 363 -0105 Pittsburgh PA office Dominion Tower, 10th Floor 625 'Liberty Avenue Msa: Pittsburgh PA 15222 -3110 USA INSURERS) AFFORDING COVERAGE NAIL a ISURED INSURERA: National union Fire Ins Co of BF Consulting INSURER B: Liberty mutual Fire Ins Co D Box 57OS7 rvine CA 92619 -7OS7 USA INSURERC: Lloyd's Syndicate No. 2623 INSURER D: Liberty Insurance Corporation INSURER E. 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. Limits shown are as requested LTR TYPE OF INSURANCE I WU POLICY NUMR � LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS A/ADE a OCCUR PREMISES oemewce $1,000, 000 X MED EXP (Any one person) $ 5 , 000 Cdritadusi X BFPD, XCU PERSONAL&ADV'INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2 , 000,000 POLICY [:] JECT ❑X LOC PRODUCTS.COMPiOPAGG $4,000,000 OTHER e AUTOMOBILE LIABILITY AS2- 681 - 004145 -724 06/30/2014 03/30/2 15 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) X ANY AUTO BODILY INJURY (Peiaccident) ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS AUTOS NED PROPERTY DAMAGE Per accident) A X UMBRELLALLAS X OCCUR BE EACH OCCURRENCE 0'000,00 EXCESS UAS QAIMSaNADE AGGREGATE $10,000,000 DED I X 11ITTENTIONS10,000 — - - 0 - D- D WORKERS COMPENSATION AND ANY PROPRIETOR/ PARTNER /EXECUTIVE YIN OFFICERMIEMBEREXCLUDED7 (Mandatovy In NN) If ym desalDe under DESCRIPTION OF OPERATIONSDeIow NIA wA 041456 ACS wC7681004145704 WI 06/30/2014 08/30/2015 X PER t} E.L EAC}i ACCIDENT -- -- $1 000 000 - -� - - -- E.L. DISEASE-EA EMPLOYEE $1, 000, 000 E.L DISEASE-POUCY LIMIT $1, 000, 000 C E&O- PL- Primary QCl 02675 014 8/31 201 Per C aim 5,000,000, Professional & Pollution SIR applies per policy to s & condi ions Aggregate $5,000,000' DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEMCLES (ACORO 701, Additional Remarks SehoduK may be atincheA B more apace is required) - RE: Project Name: All operations. City of Gilroy its officers and employees are included as Additional insured in accordance with the policy provisions of the General Liability policy. O u. 0 U m c 32 d O Z d V CERTIFICATE HOLDER CANCELLATION SHOULD AIRS OF THE AIBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - - EXPIRATION DATE THEREOF; :NOTICE WILL BE DELIVERED IN ACCORDANCE WITN THE POLICY PROVISIONS. � City of Gilroy W 7351 Rosanna Street MRIZED REPRESENTATIVE Gilroy CA 95020 USA a��G� c./Il�4�iJ d� d�esG �sxl ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 2332011100144600055 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY- ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Location And Description Of Completed Operations Or Oraanization(s): Any owner, lessee or contractor for whom you have Any location listed in such agreement agreed in writing prior to a loss to provide liabitityinsurance including City of Gilroy, its officers and employees nation required to complete this Schedule, it not shown above, will be shown Section It — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and included in the 'products-completed operations hazard ". Thls endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium S Effective pate Expiration Date For attachment to policy No. TB2- 681 - 004145 -714 Audis Basis Issued To Countersigned by — .- .Ab�niucd RaZacscrsciar Issucc Safes Office and No. En& t:crint No. CG 20 37 07 04 Q ISO Properties, Inc., 2004 Page 1 of 1 233201200144600065 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance prm ided unifier the follcm ire COINDIERCIAL.GENER:AI. LI:181LITY COS'ERs.GE FOAM SECTION I! - WHO IS AN INSURED is amended to include as an insured any person or organization for whom you hate: agreed mi writing to provide liability insurance. But: The insurance protrided by this amendment: I, Applies only to "bodily injury' or "propem• damage" arising out.of (a) "your work" or tb) premises-or other propertyoutted by or rented to you: 2. Applies only_to coverage and Minimum limits of insurance required by tite tt-Aiten Agreement, but in no evert exceeds either the scope of coverage or the limits of insurance pro%ided by this policy ; and 3. Does not.apply to any person or atgwization for. whom you have procured separate liability iusuratice while such insurance is in effetx; regardless of.whether the scope of coverage or limits of insurancee of this policy exceed those of such other tesotattce or wlted,er such other insurance is valid stid codlectsiNe. The following provisions also apply: I. Whero the applcats t wzitien agreement;acquires the instued to provtidtftabdity'insurutcc.oa a ptitssary, excess, ptxtlittgent,or any other basis, this polity is,;I :apply :solely on the basis requited by such vaiteca agreement and Item 4.Other Insurartce of SECT10'lq TV of this policy V44 not apply. NC+1•.e:c.tltc appliczble tumteaagreetnent sloes not specify tm what'has is the liability insurance will Apply the pro isioas of Item 4. Other. Insurance of SECTION Ile of this porwy all govern. 3 This endorsement shall not apply to ally perew or organization for arty' "bodi4ninjtuy" or "property damage " :if. any other Additional insured etrdorsemeaf on this polity apples to that person Ororgaruzation with regard to the "bodily injury" or "property damage ", 4_ If any other additional insured endorsement applies to any person or otganiwt cn and you are'obligated tinder a written agreement to p:oride liaUi>ity insurance on a primary, excess, contingent, or any other basis for that additional insured, this policy %A1 apply solely on dre bisis.tequiied by such ar:ittcn agreement and.Iieia.d. Otber Insuiaace -of SEC L ON IV of this policy will trot apply; regardless of wheiber the petso:e or organization hfs.a-'-a x9C other. a -iCai aced :eollectiblrinsutabce If the appftca a written agmetnew den not specify on u3tat basis the liabiky insurance will apply, the provisions of Itemt. Other Insurance of SEC TION'IV of rhis,poiicy will govern. 7hi, caScasemcvt it rsmitcci by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Pwmium S affmtivr Date t-or madune r to Polley No. laauct1 to 1AWW LN20010605 i_*-Xina 03tc TB2 =681- 004.145 -714 Cw lawnli n by _ ' . Atd�oriad Ratvnmwirr Solo (tffire maJ Net. find:' Serial Nm.