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HomeMy WebLinkAboutRBF Consulting - 2012 Agreement for Housing Element Implementation ProjectAGREEMENT FOR SERVICES This AGREEMENT made this 17th day of September 2012, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, Califona and CONSULTANT: RBF Consulting. A Baker CornpanX, having a principal place of business at 14725 Alton Parkway, Irvine, California ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on September 17, 2012 and will continue in effect through September 16. 2015 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONSULTANT STATUS It is the express intention of the parties that CONSULTANT is an independent Consultant and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical 'insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the tenn of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. WPAPP1764446.2 -2- 100108- 04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the perfonnance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D". ("Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $56,595.00. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the perfonnance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against WPAPP1764446.2 -3- 100108- 04706083 CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel reasonably acceptable to CITY, which approval shall not be unreasonably withheld, and indemnify CITY, its officers, representatives, agents and employees fi-om and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend (1) Professional Liability To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, to the extent caused by any willful misconduct or negligent acts, errors or omissions of CONSUL'T'ANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. (Z) Other Liability To the fullest extent permitted by law, CONSULTANT shall defend with Council reasonably acceptable to 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 reasonable attorneys' fees, to the extent arising caused by any negligent or malicious act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. WPAPPV64446.2 -4- 100108 -04706083 D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold 1_11 its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold PICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. WPAPPl764446.2 -5- 100108- 04706083 B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Termination by City for Default of CONSULTANT Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONSULTANT'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the perfonmance of this Agreement or material breach by CONSUL'T'ANT of any of its provisions and not cure such default or breach within ten (10) days of receiving notification from CITY, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. B. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. WPAPP1764446.2 -6- 100108 -04706083 C. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new CONSULTANT hired by the CITY to complete such services. If CITY uses any incomplete work prepared by CONSULTANT and delivered to CITY due to cancellation of all or portions of the work or contract termination, it shall remove CONSULTANT'S name and other identifying information from the work. CITY shall indemnify, and hold harmless CONSULTANT fi-om all claims, damages and expenses (including, but not limited to, reasonable attorney's fees) arising out of'CITY's use of incomplete work or the use by others acting through them. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 . Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time, CONSULTANT shall also require such compliance of all subConsultants performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subConsultants, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. WPAPR764446.2 -%- 100108- 04706083 D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every Consultant or subConsultant under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain fi-om 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 subConsultant, F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. K Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of California. WPAPP1764446.2 -$- 100108.04706083 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 CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. M, Consequential Damages Under no circumstances shall either party be liable to the other party, or third party, for any indirect, incidental, consequential, special, punitive or exemplary damages (even if that party has been advised of the possibility of such damages), arising from the work or this agreement, such as, but not limited to, loss of revenue or anticipated profits or lost business, costs of delay, or liabilities to any third parties arising from any source. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: RBF Consulting, A Cal i fnrui a rporation CITY OF G L OY By: ( f By: Name: Michael � . Burke Nam Lee rndi l tPS Title: Executive Vice President Title: i Administrator i Social Security or Taxpayer Ac r� Identification Number 95 ^224729.3 WPAPP1764446.2 -9- 100108- 04706063 Approved as to Form ��K-47 Lin on, City Attorney IVPAPR764446.2 -1 �- 100108- 04706083 EXHIBIT "A" SPECIFIC PROVISIONS 1. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign 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, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. 11. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the fonn 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 CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion., it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. 111. 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 CONSULTANT as provided for in Article 4 of this Agreement. 1VPAPP1764446.2 100108- 04706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not hinted to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (S) business days after CITY's request. WPAPPA4446.2 -2- 1001ON4706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the perfonnance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other- than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, darnages 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. WPAPP1764446.2 -3- 100108- 04706083 H. NOTICES. Notices are to be sent as follows: CITY: David Bischoff Director of Planning and Environmental Services City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Rita Garcia Project Manager RBF Consulting A Baker Company 14725 Alton Parkway Irvine, CA 92618 -2027 FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 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 CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other- than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. WPAPP1764446.2 -4- 100108- 04706083 EXHIBIT `B" Proposal for SCOPE OF SERVICES City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration . SCOPE OF WORK The following Scope of Work has been prepared pursuant to the information received from the City. The cost estimate, which is itemized according to task and issue, is included in Section X. 1.0 PROJECT KICK -OFF AND PROJECT CHARACTERISTICS The work program will be initiated with a kick -off conference call with City representatives to discuss the Project features in greater detail; refer to Section 7.2. This initial conference is vital to the success of the CEQA process and will be a key milestone in order to confirm the parameters of the analysis, project implementation program, development capacities, 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 through the Project kick -off, RBF will draft a preliminary Project Description (Section 4.2) for review and approval by City Staff. 2.0 RESEARCH AND INVESTIGATION RBF will evaluate the necessary information with respect to the Housing Element Implementation Projects. Project research will include coordination with the City to obtain the available site - specific environmental data, technical studies, exhibits, maps, and reference documents. The investigation will include a visit to each candidate site review existing land uses and environmental conditions, as well as a photographic inventory of the candidate sites and surrounding uses. 3.0 CEQA INITIAL STUDYIASSESSMENT 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 shall be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. This section will denote the appropriate CEQA action based upon the Environmental Check Iist/EnvironmentaI Analysis. The Initial Study report will be presented as follows: 3.1 INTRODUCTION The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Gilroy Thresholds of Significance Final to which the proposed Project is subject. This section will identify the purpose of the study and statutory authority, as well document scoping procedures, summarize the Initial Study /Mitigated Negative Declaration format, and list responsible and trustee agencies, and documentation incorporated by reference. 3.2 PROJECT DESCRIPTION The Project Description section will detail the Project location, background, history, discretionary actions, characteristics (addressed in Section 1.1), goals and objectives, implementation $ 6$ revised September 13, 2012 t � s f._ Proposal for City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration program, phasing, agreements, and required permits and approvals based on available information. This section will include a summary of the environmental setting for each candidate site. Exhibits depicting the regional vicinity and site vicinity of each candidate site will be included in this section. 3.3 INITIAL STUDY CHECKLIST This section will include a summary page of Project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four column layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no impacts. 3.4 ENVIRONMENTAL ANALYSIS RBF will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of Project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised by City Staff, agencies, the community, and any other relevant and valid information sources will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified Environmental Analysts, CEQA experts, and Planners at RBF. The Environmental Analysis section will thoroughly discuss the existing conditions for each environmental issue area for each candidate site, 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, as presented in Appendix G of the CEQA Guidelines and the City of Gilroy Thresholds of Significance Final (i.e., Aesthetics, Agricultural and Forest Resources, Air Quality, etc,). The thresholds for significance will be identified for every environmental issue. A brief discussion will be provided for all environmental issues determined to be No Impact or Less Than Significant Impact, explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will provide a detailed analysis of each issue, The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the Environmental Checklist. This section will review the following issues: A. AESTHETICS /LIGHT AND GLARE This section will characterize the .existing aesthetic environment and visual resources for the candidate sites, including a discussion of relevant scenic vistas in the Hecker Pass area, and scenic resources viewed from Highway 101, Hecker Pass Highway, Pacheco Pass Highway, or Santa Teresa Boulevard. Photographs will be provided of the candidate sites, as needed, to illustrate vistas and resources. Visual impacts from the long -term effects of site development (i.e., blockage of vistas and/or removal of resources) will be discussed and evaluated. The analysis will consider the potential for the anticipated residential development to degrade the visual character or quality of the candidate sites and their surroundings, the Hecker Pass Specific Plan Area, and hillside areas. RBF will also address potentially significant impacts generated by the introduction of light and $ 7 $ revised September 13, 2012 Lpi, _✓ Proposal for City of Gilroy Housing Element implementation Projects Initial Study and Mitigated Negative Declaration glare associated with the implementation of the proposed Project. This analysis will include a light and glare impact discussion. RBF will review and incorporate existing City policies and guidelines regarding light and glare for inclusion within the EIR. RBF will recommend mitigation measures to reduce potential aesthetic and light and glare impacts to the maximum extent possible. RBF will address the potential for significant impacts to be generated by the introduction of light and glare associated with development at each candidate site. RBF will also recommend mitigation measures, if necessary, to reduce potential light and glare impacts to the maximum extent possible. B. AGRICULTURAL AND FOREST RESOURCES The candidate sites are not designated for agricultural production or forest resources, thus, the Initial Study will confirm that there is no effect on Agricultural and Forest Resources. C. AIR QUALITY The City of Gilroy is located in the San Francisco Bay Area Air Basin (Basin), which is regulated by the Bay Area Air Quality Management District ( BAAQMD). The BAAQMD is responsible for attaining and /or maintaining air quality within Federal and State air quality standards. The existing conditions portion of this Section will provide a discussion on the current status of the California Clean Air Act and the BAAQMD's 2010 Clean Air Plan. Existing pollutant data will be obtained from the Gilroy 91h Street monitoring station. The various types of pollutants monitored at the station will also be described, as well as sensitive receptors in the study area. Based on the development capacities, RBF will provide a qualitative construction air emissions analysis commensurate with the available date. RBF will quantify vehicular and area source emissions based on the "Existing" and "Forecast" scenarios, then provide a comparison to the BAAQMD's thresholds of significance. The emissions will be quantitatively derived utilizing the CaIEEMod model. D. BIOLOGICAL RESOURCES Most of the properties under consideration currently have some level of development. Additionally, as illustrated on the Potential Sites for Rezoning Map, the candidate sites are generally surrounded by urban development. Given the developed nature of the Project area and disturbed nature of most of the candidate sites, no sensitive biological species or habitat is expected to occur on the sites. Notwithstanding, the condition of each candidate site involving vacant land will be confirmed. E. CULTURAL RESOURCES The analysis will cite the provisions of CEQA Guidelines 15064.5 (Historical and Archaeological Resources). Although, the candidate sites that are developed have already been subject to extensive disruption and any archaeological resources, which may have existed on the sites have likely been disturbed, they may contain a historical or potentially historical resource (i.e., any structure 50 years or older). Additionally, the vacant sites may contain an archeological or paleontological resource. $ 8 s revised September 13, 2012 Proposal for City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration The discussion of historic, archaeological, and paleontological resources will be based upon the existing General Plan /EIR and other applicable studies provided by the City. RBF will also consult with the California Archaeological Inventory Northwest Information Center for an archaeological review via the Center's Project Review Program. RBF will address potential impacts to cultural resources, including potential historic resources. Based upon review of available references, potential impacts to subsurface resources will be identified, along with programmatic mitigation, which may include site - specific review for future development proposals and improvements. Senate Bill 18 (SB 18) mandates that the City consult with Indian Tribes (Tribes) as part of the amendments to the City of Gilroy General Plan and Downtown Specific Plan. RBF will initiate consultation with Indian Tribes on behalf of the City. This will serve two purposes: 1) to identify areas of concern to the Tribes; and 2) to initiate consultation with the Tribes under SB 18 consultation. RBF will contact the California Native American Heritage Commission (NAHC) for a current list of local tribal contacts and contacts for SB 18 consultation. RBF will then contact each tribe in writing to notify them of the Project and whether it has any knowledge of cultural resources within the Project area. This scope of work assumes one letter to the NAHC and one mailing to all listed tribes (sent via fax, certified mail, or e- mail). The City will be responsible for responding to any requests for consultation received from the tribes. The results of the contacts and meeting with the Tribes will be summarized in this section. F. GEOLOGY AND SOILS Based upon reference support information to be provided by the City, the analysis will identify existing regional and site - specific geologic and soils constraints. Development of the candidate sites will be evaluated for its potential to expose people or structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic - related ground failure (i.e., liquefaction), and landslides. Candidate sites potentially subject to significant grading impacts, topography and landform modifications, and wind /water erosion potential of the soils will be evaluated. Unstable geologic units /soils will also be evaluated. This section will also identify recommended mitigation to avoid or reduce potential impacts to the extent feasible, such as erosion control criteria and grading requirements, to ensure consistency with City of Gilroy grading standards /policies, G. GREENHOUSE GAS /GLOBAL CLIMATE CHANGE RBF will follow the approach described in the California Air Pollution Control Officers (CAPCOA) CEQA and Climate Change White Paper (White Paper) (January 2008) and CARB's Climate Change Proposed Scoping Plan. RBF will describe the status of regulatory development of Assembly Bill 32, Senate Bill 97, Senate Bill 375, and Executive Order S -3 -05. RBF will utilize the performance standards and thresholds identified in the BAAQMD's CEQA Air Quality Guidelines (May 2011) to determine the significance of the Project's greenhouse gas (GHG) emissions.RBF will prepare an inventory of greenhouse gas (GHG) emissions associated with vehicle miles traveled (VMT) and energy consumption. The level of accuracy of the emissions inventory will be dependent upon the detail of information provided for use in the greenhouse gas model (CalEEMod and the Bay Area Greenhouse Gas Model). $9$ revised September 13, 2012 ,kd Proposal for City of Gilroy Housing Element Implementation Projects T� Initial Study and Mitigated Negative Declaration V' H. HAZARDS AND HAZARDOUS MATERIALS Utilizing available information, RBF will evaluate potential hazards that could impact or be generated by future residential development, including hazardous and toxic materials, high fire hazards, and emergency evacuation and/or emergency response. RBF will review Federal, State, and local agency records regarding known hazardous material sites /handlers. RBF will utilize the industry's standard database provider, Environmental Data Resources (EDR), in order to obtain the regulatory database information. RBF will summarize the EDR report and identify the potential of environmental conditions within the Project area due to the regulatory properties reported on the candidate sites, if any. RBF will recommend mitigation measures to reduce the hazards impacts to the maximum extent possible. L HYDROLOGY AND WATER QUALITY Based upon available information from the City, RBF will prepare the analysis addressing the hydrology and water quality impacts associated with the proposed residential development to address the following topical questions, which are similar to Appendix G (VIII) of the CEQA Guidelines: • Alterations of existing drainage patterns of the candidate sites or their surrounding areas, in a manner which would result in substantial flooding erosion or siltation on- or off -site; • Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; • Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows; and • Expose people or structures to a significant risk, including flooding as a result of the failure of a levee or dam. The section will address changes in absorption rates, drainage patterns, storm drain improvement, and downstream affects. RBF will also evaluate water quality conditions and identify water quality (NPDES) techniques /structures in accordance with local, State and Federal requirements. The potential for the residential development to degrade water quality, interfere with groundwater recharge or expose people to water related hazards will be identified. This task specifically excludes any new modeling for hydrology or water quality. J. LAND USE AND PLANNING The proposed land use amendments, zone changes, and other actions will be analyzed for consistency with relevant land use plans, policies, and regulations intended to avoid or mitigate an environmental effect. These plans, policies, and regulations will be identified from the City's General Plan, Zoning Ordinance, and Downtown Specific Plan, among others. The interface of the residential developments with nearby uses and, in particular, the uses immediately adjacent to the sites will be studied. Available information from the General Plan and General Plan EIR will also be incorporated into the analysis. The regional planning review will include consistency with the Association of Bay Area Governments (ABAG) forecasts. $ 10 $ revised September 13, 2012 Sm"at 73;ii 's K. MINERAL RESOURCES The analysis will note that there is no affect of the Project upon mineral resources. L. NOISE RBF will evaluate the Project's potential noise impacts, focusing on long -term changes in noise levels in the Project area due to Project - related traffic changes along major roadways, and changes in ambient noise levels associated with increased vehicle trips and human activity. This section will specifically address impacts associated with the development of candidate sites to noise - sensitive land uses such as residential neighborhoods, schools and other sensitive receptors. Project noise impacts will be assessed based on total increases in the ambient noise level and potential exceedances of City standards. RBF will provide tables to identify potential noise impacts and identify mitigation measures necessary to achieve the City's noise standards. Construction noise impacts will be qualitatively addressed. M. POPULATION AND HOUSING RBF will provide an analysis of potential growth - inducing impacts pursuant to CEQA Guidelines Section 15126(8). The basis for analysis will be population and housing data from the City of Gilroy, California Department of Finance, and U.S. Census. The section will consider population and housing existing conditions and projections for the City. The section will discuss ways in which the proposed Project could foster population growth, or the construction of additional housing, either directly or indirectly, based on the maximum residential development capacities resulting from the proposed land use designation amendments and zone changes. The analysis addresses growth- inducing impacts in terms of whether the Project influences the rate, location, and the amount of growth. Growth- inducing impacts are assessed based on the Project's consistency with adopted /proposed plans that have addressed growth management from a local and regional standpoint. A comparative plan -to -plan analysis that considers the existing General Plan land use designations will be provided. N. PUBLIC SERVICES The discussion will focus on the potential alteration of existing facilities, extension or expansion of new facilities, and the increased demand on services based on the anticipated residential development. RBF will evaluate the ability of the Project to receive adequate service based on applicable standards and, where adequate services are not available, will identify the effects of inadequate service and recommend mitigation measures. Issues discussed include: Fire. The overall need for Fire Protection Services would potentially increase beyond existing conditions as a result of the future residential development. The Fire Services review will include a review of existing services /facilities in the area, response times to the candidate sites, available fire flow, Project impacts, and mitigation, as needed. Police. The Police Protection Services review will focus upon response times to the candidate sites, available personnel, and overall services. The need for police protection services may increase beyond existing conditions as a result of the Project. Mitigation to reduce potential crime activity will be identified, as required. $ 11 $ revised September 13, 2012 Proposal for City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration Schools. The School facilities review will identify potential impacts to schools focusing on existing conditions, student capacities, current enrollment, and facility locations. Student population growth resulting from the anticipated residential development will be the basis for the impact analysis. Mitigation measures will be provided, as needed, to reduce the significance of impacts. O. RECREATION The discussion will focus on the increased demand to recreation facilities associated with the anticipated residential development. RBF will identify existing facilities and the ability of these facilities to serve the proposed Project. Where adequate facilities are not available, RBF will identify the effects of inadequate facilities and recommended mitigation measures. $ 12 $ revised September 13, 2012 m Proposal for City of Gilroy Housing Element Implementation Projects T$� Initial Study and Mitigated Negative Declaration P. TRANSPORTATION AND TRAFFIC Among other actions, the Project involves General Plan land use designation amendments and zone changes for a maximum of 40 acres of land at 7 various locations. The majority of the candidate sites are currently undeveloped; however, some are developed and occupied and some are developed and unoccupied. The undeveloped sites are located on Santa Teresa Boulevard, First Street, Thomas Road, Wren Avenue, Monterey Street just south of the movie theater, Church Street, Swanston Lane, and some on Monterey Street north of Leavesley Road. The remainder of the sites will redevelop. It is acknowledged that traffic volumes have stabilized or lessened on the City's road network since 2008. However, given that the existing conditions analysis required for CECA is 2012, RBF recommends that some spot check counts be conducted, in order to confirm the assumption that 2008 volumes will suffice for 2012 conditions. It is recommended that existing 24 -hour, three (3) day tube counts be conducted at two locations: Santa Teresa Boulevard, south of First Street; and Monterey Road, north of Leavesley Road. RBF will utilize HCM methodologies to evaluate the segment capacities for the street segments the candidate sites are located on, and up to two segments beyond the candidate site segment in both directions. On Monterey Road and First Street, these segments may include the trips perpendicular to the candidate site driveway street (e.g. the sites on Monterey Road north of Leavesley Road will send traffic on both Monterey Road and Leavesley Road). The project distribution will determine the assignment of the vehicles on these segments (both directions of traffic flow), This scope proposes utilizing volume thresholds only for the Level of Service analysis. If deemed necessary, more data intensive methodologies can be utilized, at an additional fee. Various tools are available to utilize in the analysis. This will be verified with City staff prior to commencement of the analysis. The following traffic scenarios will be analyzed: • Existing Conditions Without Proposed Project; • Existing Conditions With Proposed Project; • Cumulative Conditions Without Proposed Project; and • Cumulative Conditions With Proposed Project. RBF will utilize the most recent General Plan Traffic volumes for Cumulative conditions analysis, which will be provided by the City. Access to the candidate sites is restricted and some roads have or will have medians, which may result in U -turn traffic from the project sites. These trips will be incorporated into the segment analysis. It is acknowledged that the City proposes that only those candidate sites at which traffic volumes would be higher than would occur under the existing zoning (if vacant) or existing use (if the site is developed) be evaluated. However, excluding these sites from the analysis would not be fully representative of the cumulative conditions, since it would not allow for potential decreases to be factored into the analysis. Thus, the potential exists for the impact analysis to be overly conservative. Also, on several segments, trip assignment from different candidate sites would overlap, therefore, potential impacts cannot be assessed through the $ 13$ revised September 13, 2012 Proposal for City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration increase /decrease of a single site. The following is a list of anticipated street segments that will be studied. The list can be altered based on final traffic distribution and discussion with City staff, Location 1: West Side of Ponderosa Drive North of 3rd Street • Ponderosa Drive between Cypress Court and Third Street; • Third Street between Ponderosa Drive and Santa Teresa Boulevard; • Santa Teresa Boulevard between Third Street and First Street; • Santa Teresa Boulevard between Third Street and Club Drive; Location 2: South Side of First Street, East of Santa Teresa Boulevard • Santa Teresa Boulevard North of 1st Street; • Santa Teresa Boulevard South of 1st Street; • First Street between Santa Teresa Boulevard and Westwood Drive; • First Street west of Santa Teresa Boulevard; Location 3: (2 Properties) North Side of First Street East of Santa Teresa Boulevard Same Study Segments as Location 2; Location 4: (2 Properties) North Side of First Street between Westwood Drive and Wren Avenue First Street between Santa Teresa Boulevard and Westwood Drive • First Street between Westwood Drive and Kern Avenue; • First Street between Kern Avenue and Wren Avenue; Location 5: Eastside of Wren Avenue between Welburn Avenue and Mantelli Drive Wren Avenue between Mantelli Drive and Welburn Avenue; Wren Avenue between Welburn Avenue and First Street; Location 6: Westside of Church Street between Welburn Avenue and First Street • Church Street between Welburn Avenue and the Project Driveway; • Church Street between the Project Driveway and First Street; Location 7: (5 Properties) Westside of Monterey Road between Welburn Avenue and Las Animas Avenue • Monterey Road between Las Animas Avenue and Leavesley Road; • Monterey Road between Leavesley Road and First Street; Location 8: (5 Properties) Swanston Lane South of Leavesley Road Swanstone Lane South of Leavesley Road; Leavesley Road between Monterey Road and Swanston Lane; Leavesley Road between Swanston Lane and Forest Street; Location 9: (5 Properties) East Eiqhth and Ninth Streets between Alexander Street and Old Gilroy Street • Tenth Street between Chestnut Street and Highway 101; • Tenth Street between Chestnut Street and Alexander Street; • Chestnut Street between Tenth Street and Ninth Street; • Chestnut Street between Ninth Street and Eighth Street; • Alexander Street between Tenth Street and Eighth Street; 14 $ revised September 13, 2012 Proposal for T` City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration Location 10: Westside of Monterey Street between Tenth Street and Luchessa Avenue Monterey Street between Tenth Street and Luchessa Avenue; Location 11: Westside of Thomas Road between Luchessa Avenue and Santa Teresa Boulevard • Thomas Road between Santa Teresa Boulevard and Luchessa Avenue; and • Luchessa Avenue between Thomas Road and Princevalle Street. As discussed in Task 8.1, Public Hearings, Mr. Frederik Venter, RBF's Consulting Traffic Engineer, will be available as needed to attend the public hearings. Optional Task 8.1 assumes Mr. Frederik Venter will attend two (2) public hearings. Q. Utilities The ability of existing infrastructure to support development will be confirmed in terms of increased demand /generation of utilities, including water, wastewater, and solid waste. The discussion will focus on the potential alteration of existing facilities, extension, or expansion of new facilities and the increased demand on services based on the anticipated residential development. Issues discussed include: Water. Based upon technical information provided by the City, existing capacities and deficiencies will be addressed. The area's potable and non - potable water system conditions will be presented, and potential increases in demands will be studied. Wastewater. Based upon technical information provided by the City, existing capacities and deficiencies will be addressed. Wastewater conveyance and treatment facilities will be presented. Project generation, infrastructure connections, and potential upgrades to the existing system will be studied. Solid Waste. Solid waste generation resulting from the anticipated residential development may impact landfill capacities. The analysis will establish baseline solid waste disposal volumes and analyze Project - related solid waste volumes. Project's compliance with AB 939 will also be addressed. R. Mandatory Findings of Significance This section will focus on cumulative effects and considerations. 3.5 INITIAL STUDY DETERMINATION The determination page will conclude the appropriate action based upon the Initial Study evaluation. 3.6 GRAPHIC EXHIBITS The environmental document will include exhibits to enhance the written text and clarify the proposed 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 8V2" x $ 15$ revised September 13, 2012 Proposal for fir" r City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration 11" in size and will be provided to the City in PDF format, as requested by City Staff. A maximum of five (5) exhibits is assumed in this task. 4.0 DRAFT INITIAL STUDY RBF will prepare the Administrative Draft Initial Study for review and comment by the City. RBF will submit one (1) "check copy" of the Public Review Draft document, which will incorporate one complete set of comments received from the City. Changes to the Administrative Draft document will be highlighted to assist the review. RBF will provide the City with the following environmental documents: • One (1) electronic copy of the Administrative Draft Initial Study; • One (1) electronic copy of the Public Review Draft Initial Study and Appendices; • Twenty -five (25) paper copies of the Public Review Draft Initial Study and Appendices; and • Ten (10) CDs of the Public Review Draft Initial Study and Appendices. Should additional copies be required, additional copies will be provided by RBF at an additional fee. 5.0 MITIGATED NEGATIVE DECLARATION PREPARATION With a conclusion in the Initial Study that no significant environmental effects will occur as a result of implementation of the Project, a Mitigated Negative Declaration 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 Mitigated Negative Declaration will be attached to the Initial Study to fully explain the proposed Project and its affects. RBF will provide the City with the following: • One (1) electronic copy of the Administrative NOI and Mitigated Negative Declaration; • One (1) electronic copy of the final NOI and Mitigated Negative Declaration; and • Twenty -five (25) paper copies of the final NOI and Mitigated Negative Declaration. The final NOI and Mitigated Negative Declaration will be included in the 10 CDs noted above, along with the Public Review Draft Initial Study. RBF will provide the submittal of the Public Review Draft Initial Study, NOI, and Mitigated Negative Declaration to the State Clearinghouse and additional distribution as directed by the City. This task excludes submittal to the County and local newspaper. 6.0 FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 6.1 RESPONSES TO COMMENTS RBF will respond to all written comments received on the Public Review Draft Initial Study document 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 review $ 16 $ revised September 13, 2012 Proposal for City of Gilroy Housing Element Implementation Projects ' Initial Study and Mitigated Negative Declaration and comment by the City. RBF will submit one (1) "check copy' of the final Responses to Comments document, which will incorporate one complete set of comments received from the City. Changes to the Administrative Responses to Comments document will be highlighted to assist the review. For budgeting purposes, RBF has assumed a total of 12 hours to prepare the Administrative Responses to Comments. Should the comments be excessive and require more than the budgeted time, this task would be revisited. RBF will provide the City with the following documents: • One (1) electronic copy of the Administrative Responses to Comments; • One (1) electronic copy of the Final Responses to Comments; and • Twenty -five (25) paper copies of the Final Responses to Comments. Should additional copies be required, additional copies will be provided by RBF at an additional fee. 6.2 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 to be defined through working with City staff to identify appropriate monitoring steps /procedures and in order to provide a basis for monitoring such measures during and upon Project implementation. The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the proposed Project. The Checklist indicates the mitigation measure number as outlined in the IS /MND, a list of Mitigation Measures (in chronological order under the appropriate topic), 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 Mitigation Monitoring and Reporting Program (MMRP) for review and comment by the City. RBF will submit one (1) "check copy" of the final MMRP document, which will incorporate one complete set of comments received from the City. Changes to the Administrative MMRP document will be highlighted to assist the review. RBF will provide the City with the following documents: One (1) electronic copy of the Administrative Mitigation Monitoring and Reporting Program; and One (1) electronic copy of the Final Mitigation Monitoring and Reporting Program, 6.3 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 Mitigation Monitoring Program in accordance with Public Resources Code Section 21081.6 (AB 3180). RBF will provide the City with the following documents: $ 17 $ revised September 13, 2012 Proposal for r City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration • One (1) electronic copy of the Administrative Final Environmental Document; • One (1) electronic copy of the Final Environmental Document; and • One (1) paper copy of the Final Environmental Document. RBF will prepare the Notice of Determination (NOD) for review and approval by the City, and will file the NOD with the State, as needed. This task excludes submittal to the County and the required fees for the California Department of Fish and Game (CDFG). $ 18$ revised September 13, 2012 CALL 7.1 PROJECT COORDINATION Mr. Glenn Lajoie, AICP, and Ms. Rita Garcia, will be responsible for management and supervision of the environmental review as well as consultation with the City. Mr. Lajoie and /or Ms. Garcia will undertake consultation and coordination of the Project and the environmental review for compliance with CEQA requirements. Mr. Lajoie and /or Ms. Garcia will consult with State and local agencies regarding the environmental documents. This task also covers costs necessary to administer the contract for this effort. 7.2 PROJECT KICK -OFF CONFERENCE CALL Mr. Lajoie and /or Ms. Garcia will participate in one Project "kick -off conference call." As noted in the Section 1.0 discussion above, this initial conference call is vital to the success of the CEQA process and will be a key milestone in the Project. 8.0 OPTIONAL TASK 8.1 PUBLIC HEARINGS Mr. Lajoie or Ms. Garcia will represent the Project Team at public hearings and make presentations as necessary. Additionally,, Mr. Frederick Venter, RBF's Consulting Traffic Engineer, will be available as needed. This Optional Task assumes Mr. Lajoie or Ms. Garcia, and Mr. Frederick Venter will attend two (2) public hearings. Mr. Lajoie and Ms. Garcia, along with other key Project Team personnel, will be available to attend meetings with affected jurisdictions, agencies, and organizations, as needed to identify issues, assess impacts, and define mitigation. Should the City determine that additional meetings beyond the anticipated two hearings are necessary, services will be provided under a separate scope of work on a time and materials basis. The estimated cost for additional meetings is approximately $750 per person. $ 19 $ revised September 13, 2012 fTY` EXHIBIT "C" Proposal for MILESTONE SCHEDULE City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration III. PRELIMINARY PROJECT SCHEDULE The following Preliminary Schedule assumes authorization to proceed with the work program by the week of September 17, 2012. A date specific schedule can be provided prior to the kickoff meeting. Kick -Off Meeting Week 1 RBF prepares Draft Project Description Week 1 City reviews Draft Project Description Weeks 1 -2 RBF prepares Administrative Draft Initial Study /MND Weeks 2 -6 City reviews Administrative Draft Initial Study /MND Week 7 RBF completes Public Review Draft Initial Study /MND Week 8 RBF prints /distributes Public Review Draft initial Study /MND Week 8 30 -Day Public Review Weeks 8 -11 RBF prepares Administrative Responses to Comments /MMRP Week 12 City reviews Administrative Responses to Comments /MMRP Week 13 RBF prepares Final Responses to Comments /MMRP Week 14 RBF prints /distributes Final Responses to Comments /MMRP Week 14 RBF prepares Administrative Final Document Week 15 Hearing No. 1 TBD Hearing No. 2 TBD 20 $ revised September 13, 2012 if t EXHIBIT "D" Proposal for PAYMENT SCHEDULE City of Gilroy Housing Element Implementation Projects Initial Study and Mitigated Negative Declaration X. BUDGET Gilroy Housing Element Implementation Projects TASK G.L. 230 R.G. 160 E.T. 180 K.B. 12b AM. 126 F.V. 205 GrA 80 Total Hours Total Cost 1.0 Project Kick-Off and Pr; wt Characteristics 1 1 2 1 1 3 $530 2-0 Research and Investl atlon 2 4 6 $940 3.0 CEQA Initial Study/Assessment 0 s0 11 Introduction 2 2 4 $620 3.2 Project Description i _ 10 11 51,730 3.3 Initial Study Chec" i 1 1 3 5540 3.4 Environmental Analysis G 44 26; 45 45 166 $23,390 3.4.P Traffic Impact Anal sis ............ 45 45 $9,225 3 -5. Initial Study Determination 1 1 2 $380 3.6 Grap hic Exhibits .......... 2 12 2 51,260_ 4.0 DraftlnkialStudy 1 8 10 ig $3,030 5.0 Mitigated Negative Declaration Preparation f 1 2 4 $700 6.0 Final Initial Study/Mitigated Ne alive Declaration 0 so 6.1 Responses to Comments 1 a 3 12 51,910 6.2 Mitigation Monitoring and Reporting Program 1 2 3 $470 6.3 Complefiion of Final Initial studylMND _ 9 $1,450 7.0 oject Coordination and Meetin s 0 SO --Pr - 7.1 Protect Coordination I 34S5.900 7.2 Project IOck -oft Conference Call 4 4 12 $2,020 DeliverableslExpenses 0 $2,500 TOTAL HOURS 2B 11fi 62 d9 46 46 12 336 'Percent of Total Labor (Hours) B.490 34.6% 15.5% 14.6% 13A% 13.4 % 3.6% _ _ 100.0% SUBTOTAL LABOR COSTS $6.440 $17,400 $6,320 $6,125 $5.6251 $9,225 $9601 $54,095 TOTAL LABOR COSTS 556,595 8.0 Optional Tasks 6.1 Public Hearings _ $2,250 G.L. = Glenn Lajoie KB_ = Kristen Bogue F V. = Frederik Venter P . = Rlta Garcia A.M. = Ace Malisos E.T. = Eddie Torres GrA = Grapnlc Artist Note- All work will be performed on a Fixed Fee basis. The Iota' budget includes all miscellaneous costs for travel /mileage. reproduction, reimburseables. telephone. postal, delivery. reference materials and Incidental expenses. RSF will receive paymenl erlher on a percentage basis using mlleslones or by monthly billing- as determined by the Client. The RBF project manager reserves Ine right to make adjustments to Staff allocalions as necessary within the overall budget $57$ revised September 13, 2012